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Fredericksburg DUI While on Probation

If a person is on probation for prior offenses and is charged with a DUI, that could be considered a violation of the conditions of their prior offense. They may have to serve all or part of the time for which they were on probation in addition to the penalties associated with a DUI conviction.

As with any type of suspended sentence, getting a Fredericksburg DUI while on probation is considered a violation within itself. As a skilled DUI lawyer knows, probation was established to make sure they do not commit a new crime, which is considered a violation of their probation.

How Can Probation Impact One’s DUI Case?

If someone is on probation for a previous DUI charge and they are convicted of another DUI within five years in the State of Virginia, the second one is considered a much more serious offense than the first.

The second charge carries mandatory minimums and the person could lose their license for a significant amount of time. The second offense is a completely different charge that has to be proved in court. It also carries mandatory minimum jail time.

Treatment of Second DUI Offenses

If someone gets a Fredericksburg DUI while on probation within five years of their first offense, that is covered by a separate Virginia statute called “second offense in five years.” The second offense carries a mandatory minimum jail sentence of 30 days and a minimum fine of $500.

The person also will receive an automatic 60-day license revocation just by being charged with the second DUI. Then, if they are convicted of a second offense in five years, they could lose their license for up to three years. They also have to take part in a VASAP in addition to the requirements applied to a regular Virginia DUI.

Impact of Violating Existing Probation

Some Virginia judges may grant probation for violating an existing probation, depending on the circumstances of the case. They may just continue the person on the existing probation after they serve a certain amount of time-based on the individual’s explanation of what happened.

Expected Conditions of Probation

Probation depends on the specific case, but in Virginia it always includes VASAP. It also includes some type of drug testing as part of VASAP and meeting with a probation officer. They may consider, does the person think that they:

  • Have a drinking problem
  • Need specific and special treatment
  • Need in-patient treatment
  • Potentially will need more than just group sessions

Depending on the type of program the person is entered into, they might just do weekly or monthly check-ins with a probation officer or a VASAP officer. The officer may just make sure that the individual is following the rules, has an ignition interlock installed in their vehicle if they are permitted to drive, and has a steady job. There may be other terms of probation set by the judge beyond mandatory requirements, depending on the facts of the case and the person’s criminal history.

Likelihood of Acquittal for DUI on Probation

Whether a person acquitted in the DUI case goes back on probation depends on the facts of the case. It would depend on why the person was acquitted and the circumstances of the case.

For a probation violation, depending on the reason for the acquittal, a person could potentially be deemed to have violated their probation.

Having a Fredericksburg DUI while on probation is considered a very serious matter. Even just being accused of a DUI could be enough to be considered by some judges to be a violation of probation.

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