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Dale City DUI While on Probation

The aftermath of a DUI charge can be quite a difficult experience for most individuals after being convicted. The severity of their offense may be heightened if they have already accrued prior charges for a separate crime and are in violation of probation. For individuals that are faced with an additional charge while on probation for another offense, it is important that they seek the guidance of an experienced Dale City DUI lawyer. An attorney with a strong understanding of Dale City drug and alcohol laws and background in trying similar cases will be able to help their client navigate through the process of dealing with a post-DUI charge conviction.

Violating Probation With A DUI Charge

If an individual is on probation for a prior DUI charge when they commit an additional offense, the penalties will vary in severity. Typically, what will happen is once a probation officer finds out about a new DUI, they will issue a violation of probation notice. Once they have issued the notice, there will be a mandatory court date that the individual who has been charged with the offense must attend.

Depending on the conditions of their probation, a person may find themselves waiting for a judge to make a final decision as to what will happen to them. A Judge may decide to wait out the new charge in an effort to discover the details of that particular case or they may make the decision to have the individual who committed the offense placed in jail immediately.

Regardless of the judges’ decision, an individual who has violated their probation with an additional DUI charge will be sentenced. Whatever jail time was previously suspended will likely be imposed as a consequence of a new DUI conviction. Ultimately, the reason behind someone’s probation will weigh heavily on the judge’s decision as to what their penalty will be.

The Possibility of Having Probation Reinstated

An individual who has received an additional violation while on probation may be put back on probation and have their sentence re-suspended if:

  • An individual has a violation that is considered minimal in the eyes of the court.
  • The violation was unrelated to their first charge.
  • The judge is feeling lenient.

Garnering an additional offense, including a DUI, while on probation is a serious matter. Depending on the facts surrounding his or her DUI, an individual could be charged with a misdemeanor or felony. With this in mind, a person can serve up to a year in jail or face time in prison depending on how they are charged.

Conditions of Probation

In some cases, an arrest in itself can be considered a violation of probation or could be alleged to be a violation. A person has a better defense against this offense if they are acquitted of the DUI, but if evidence collected by law enforcement proves that there was, in fact, a violation that took place, the individual will face additional charges.

Refraining from further violations of law is a typical condition of every probation, along with abstinence from alcohol and drugs, and completion of the ASAP program. If a person is on probation and acquires a DUI charge, there will be serious consequences.  If a person is convicted of that DUI, then he or she will be in violation of probation and will most likely have to serve a significant amount of time, which may have originally been suspended depending on the underlying charge(s).

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