If someone is charged with a DUI while they are on probation, usually, the judge of the initial conviction will bring them back to court for a probation violation. They will then have to explain why they violated the terms of their probation. Usually, the judge will want to postpone the probation violation case, since probation violation is a separate charge, until the outcome of the DUI charge is determined. Until the DUI charge is resolved, the probation violation charge cannot be resolved.
Either way, if someone is found in violation of their probation, they face all or part of their suspended sentence and other penalties, such as another period of time in ASAP, additional suspensions, or additional interlock requirements. The consequences will depend on what they are currently on probation for. Someone on probation for a felony, will have much more serious consequences than someone on probation for a misdemeanor. Anyone charged with a DUI while on probation in Alexandria should absolutely contact an Alexandria DUI lawyer who may be able to help them avoid the more serious consequences.
General good behavior is a common condition of probation. Usually, for a misdemeanor, someone has to exhibit general good behavior for one year. This means that over a period of twelve months they cannot acquire any new charges or be convicted of any new offenses.
If someone is on felony probation, the term is usually longer than one year; but certainly with no new charges and no new convictions.
Terms for DUI probation could include; completing all of the Alcohol Safety Action Program, including attending ASAP classes, paying all court fees and costs, continuing to meet with the assigned ASAP probation officer, and reporting to the court every time the individual moves. DUI probation could contain other language depending on the judge assigned to the case, and any arrangements the attorney works out with the judge and with the court.
Getting a DUI would qualify as a violation of probation because most probation requires that the individual have no new charges, much less convictions. All probation terms will require general good behavior and no new convictions. Getting charged with or convicted of a DUI would explicitly violate the terms of probation.
Receiving a DUI while on probation in Alexandria, can become a very serious matter because the terms of the initial charge usually contain a suspended sentence or an alternative sentence include incarceration, fines, or any number of various consequences. As long as the terms of probation are adhered to, the suspended or alternate sentence is deferred. A violation of probation puts the individual at risk of having to go back and do the time and pay the fines that were initially suspended.
Additionally, violating probation while on probation for a felony offense is much more serious because there is usually more incarceration time, which will have to be served in prison rather than the local jail.
Consequences for a DUI charge on probation will vary depending on whether the individual is facing charges for another offense or for a previous DUI. For example, if someone is on probation for a previous DUI, getting charged with a new DUI may negatively impact their possible consequences. It is possible that prosecutors in Alexandria will want to offer a deal in the case and judges may try to impose a harsher sentence. The prosecution and the judge will give the case a much closer look and will try to determine whether or not there is an underlying substance abuse problem rather than a one-time mistake.
In these cases, the judge will most likely assume that the individual is a repeat offender. The judge will likely be much more reserved about giving alternative options or imposing any kind of sentence that does not involve intensive alcohol or substance abuse classes and some significant jail time.
It is possible to be sentenced to a form of double probation. It will depend on the facts of the individual’s case. Sometimes, when someone is on probation for a previous charge and then they are charged with a new offense, the judge will want to wait until the new charge is resolved to determine whether or not the individual violated the terms of their probation. The reason the judge will want to postpone any kind of new consequence is that if they are found innocent of their new charge, then the judge would be less inclined to impose a new consequence for picking up a new charge. Sometimes, a judge will find someone in violation of probation, but place them back on probation for an additional period to give them a chance to complete the original terms.
If the individual is found innocent or their DUI charges are dropped, they have a better chance of convincing the judge to allow them back on probation. Depending on the terms of the probation, being accused of a DUI might technically be enough to violate it.
Usually, if someone is found not guilty, the gudge will allow them to continue their probation and allow them to continue to work toward that period of time where they have to demonstrate good behavior. Most judges will consider someone who is found not guilty to not be in violation of their probation.
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