Frequently Asked Questions
1. What happens if I do not do what the Court has ordered?
2. OWI/OWVI Alcohol Assessment
3. What is a pre-sentence report?
4. Can drug testing be ordered as a condition of probation or during the pre-sentence investigation?
5. What is community service?
6. Victims Impact Panel (VIP)
7. Driver Improvement School (DIS)
8. Will my record be clear if I complete the Driver Improvement School?
What happens if I do not do what the Court has ordered?
You will be in violation of your probation and may be scheduled to appear at a show cause hearing where a determination will be made as to whether or not you should be held in contempt of court for violating the conditions of your probation. If you fail to appear for the show cause hearing, a warrant will be issued for your arrest.
OWI/OWVI Alcohol Assessment?
In 1983, a law was established in Michigan requiring any person arrested and convicted for any alcohol-related driving violation to undergo an alcohol assessment. This assessment is completed before a person is sentenced. The alcohol assessment is used to determine if a person does or does not have a substance abuse problem, and if so, whether rehabilitation will benefit the person. The defendant is responsible for paying the $100 cost of the screening and assessment and all rehabilitative services.
OWI/OWVI are the specific types of charges involving the use of alcohol while driving a car for which you could be arrested and prosecuted. They stand for:
Operating While Impaired (OWI)
Operating While Visibly Impaired (OWVI)
What is a pre-sentence report?
A background investigation ordered by the judge. The probation department completes this report before the defendant returns to court for sentencing. The purpose of the presentence investigation is obtain detailed knowledge of the defendant's background and current circumstances and to determine to what extent, if any, the defendant may be a threat to society, or if there are any needs the defendant has which can be addressed through probation.
Can drug testing be ordered as a condition of probation or during the pre-sentence investigation?
Yes, you may be required by the sentencing judge to submit urine samples which will be tested at a lab for the presence of drugs.
What is community service?
Community service is an alternative sentence where offenders pay off fines and court costs by working for non-profit or governmental organizations as volunteers. Defendants are referred to non-profit organizations that have a 501C3 tax exempt status and liability insurance. Types of work might include clerical, kitchen maintenance, child care, yard work, coaching, data entry, or meal delivery to senior citizens.
Victims Impact Panel (VIP)
The VIP program was adopted by the Mothers Against Drunk Driving (MADD) in 1989. The 36th District Court Probation Division and MADD started VIP on April 28, 1990, to help reduce the rate of repeat drunk driving offenders. All persons convicted in 36D of any alcohol related driving offense are required to attend VIP.
Driver Improvement School (DIS)
Driver Improvement School (DIS) is used to help drivers become aware of the causes of accidents and to improve their driving behavior and attitude. This is done by helping offenders understand themselves more clearly and how they can reduce traffic problems rather than create them. DIS discussions are held in a classroom setting with an average of 40-50 people enrolled. There are several schools throughout Wayne, Oakland and Macomb Counties. To enroll in one of these schools, you can call the probation department for the telephone number to the school.
Will my record be clear if I complete the Driver Improvement School?
There is no guarantee that your record will be cleared. For more information call (313) 965-3414.