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Brunswick County DUI While on Probation

Although probation may not feel as punitive as other potential penalties for crimes, the consequences for committing a crime while on probation, are significantly less lenient. Individuals who receive a Brunswick DUI while on probation have to address these new criminal charges and the consequences.

A DUI while on probation is a serious matter in every circumstance. An individual could be held without bond pending trial. The person can be expelled from VASAP which prevents them from ever getting their license back until they complete that program.

The courts are less likely to be lenient, especially if the person was already on probation for a DUI. At that juncture, the best thing you can do is contact a qualified DUI attorney. A local DUI lawyer will understand the gravity of the situation and can work hard to defend you.

Typical Conditions of Probation

The most lenient form of probation in Brunswick County is a general instruction from the court to be of good behavior. That constitutes not having any new law violations. Getting another criminal charge of any type qualifies as a violation of probation. Getting another criminal charge of the same type puts an individual under the thumb of the court as far as good behavior. It is more problematic.

Impact of DUI Acquittal on Probation

If acquitted in the DUI case, the person goes back on probation for as long as their probation term would normally be running. If they commit a DUI and must be of good behavior for three years and they are charged with committing another DUI, three years can pass before they are tried and found innocent.

They are not put back on probation. If the probation is still running, it would just be like the second DUI charge never happened; they would still be required to be of good behavior, or finish VASAP, or any other initial probation requirements.

Consequences of Being Charged With a DUI While On Probation

If a person is charged with a Brunswick DUI while on probation for prior offenses, there are possible consequences. If an individual is on probation, it is not likely that they are driving within the constraints of their restricted license.

An individual could be charged with driving outside of their restriction in addition to driving while under the influence. The person faces multiple charges. In Brunswick County, an individual gets suspended time on a DUI first, even if there are no aggravating factors. The courts can charge the person with a DUI second and ask for time on that in addition to the amount of time that was suspended on the DUI first.

When someone is on VASAP, a new charge of a DUI while on probation is seen as a material violation of the terms their probation and monitoring through VASAP. The person can be kicked out of VASAP which would negate the ability to get their license back.

Potential Penalties

The most serious and immediate penalty is being held without bond pending an individual’s second trial. Upon conviction, an individual faces differing amounts of mandatory jail time versus potential prison time depending on the number of DUIs. The person is not able to get their driver’s license reinstated for varying periods to indefinitely.

The courts in Brunswick are particularly known for revoking suspended time, imposing suspended time from any previous DUI or any previous criminal charge. An individual faces penalties for the new charge and the prosecutors ask the court to impose previously suspended time for the violation of the agreement to be of good behavior.

How does the response differ if somebody Is on probation for a previous DUI charge?

The authorities become aware that this person probably has an addiction and is unable to control their behavior. Enhanced steps and punishments must be taken to ensure their safety and the safety of others in the community and on the roadways.

Probation’s Impact a DUI Case

The authorities can seek to impose jail time on an individual’s previous DUIs if those were suspended, which is common in Brunswick. The argument can be made that the person is such a danger they should not receive a bond pending their next DUI trial.

If they receive a Brunswick DUI while on probation for another DUI, they are in jeopardy of losing their liberty as a precaution. The authorities do not want the person on the road, continuing this behavior because they did it previously and will do it again before they finish probation for the first offense.

Being accused of a DUI is enough to be considered a violation of probation in Brunswick. Often, prior to the actual trial, a letter is sent to the court, advising the court that the person picked up another criminal charge but they will not take any action to revoke any suspended time or take any other action as far as punishment or penalties until the second trial is concluded.

Could a person receive probation for violating existing probation?

Theoretically, a person could receive probation for violating existing probation. However, when someone violates their probation by picking up another DUI charge, it is unlikely that they would receive probation.

It is more likely to receive probation for violating probation if the person missed meetings with VASAP or had a failed drug test for marijuana use. When the person commits the same offense that initially got them referred to probation, it is unlikely they would receive probation for violating that existing probation.

Value of a DUI Lawyer

While on probation, individuals should avoid trouble as much as possible. However, if someone does violate their probation, it is important that they are proactive and reach out to a local lawyer.

A skilled DUI attorney can attempt to mitigate the charges and consequences you may face and will work diligently to build your defense. If you have been charged with a Brunswick DUI while on probation, reach out to an experienced attorney.

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