Many Rochester area defendants convicted of a drinking and driving offense will be required by the court to meet with a probation officer prior to sentencing.

The fact that the DWI defendant must meet with a probation officer does not mean that he or she will eventually be sentenced to probation.

Instead, the purpose of this meeting is to assist the probation officer in preparing a presentence report for the judge to review prior to sentencing.

Generally, a presentence report must include information regarding a defendant’s criminal history, social history, employment history, family situation, economic status, education, and personal habits.Meeting with the defendant is part of the information gathering process used by the probation officer.

In drinking and driving cases, this will include information regarding the defendant’s drinking habits and any alcohol treatment the defendant has undergone.

A judge is required to order the preparation of a presentence report in any case where the defendant is convicted of a felony DWI charge.

For misdemeanor DWI offenses, the preparation of such a report is not absolutely necessary, but the court may not impose a sentence of probation or a sentence involving more than 180 days of imprisonment without a presentence report.

As a result, the judge will frequently order a presentence report following a misdemeanor DWI conviction.

The judge is not required to order a report, however, when all of the parties have agreed that a sentence of probation or a jail sentence that will be satisfied by time already served by the defendant will be imposed.

This may happen when the defendant’s drinking and driving conviction is the result of a plea agreement and the parties agree upon the sentence beforehand.

There are many potential penalties surrounding a DWI conviction.

If you have been arrested and need help understanding these penalties, please feel free to call us at 585-484-7432.