A violation of probation can have several consequences. Specifically, a DUI as a violation of probation in Fredericksburg can result in incarceration, more court supervision, and additional probation. What is most likely with a violation of probation, if it is the original probationary period, is that the period of probation is extended.
Some individuals may have probation for one year, for example, and are arrested for DUI within that year. In that scenario, they would end up staying on probation for several more years. Often people on probation are given jail sentences for their violations as well.
For individuals who are on probation facing DUI charges, some of the typical requirements are that they abstain from all drugs and alcohol and that they have regular meetings with the probation officer. Many individuals are subject to house arrest and their freedoms are further curtailed. They may be permitted to attend only classes and court-ordered therapy, so they are essentially under house arrest for the term of their probation. However, the terms of probation are flexible and are determined on a case-by-case basis, usually by one probation officer.
In general, any arrest for a criminal case is a violation of probation and it can be considered a violation of probation even if the charge is ultimately dismissed. One condition of probation is always that an individual maintains good behavior, which means that they do not have any further arrests or any further convictions.
An arrest for a DUI as a violation of probation in Fredericksburg is a violation of the law that involves contact with a police officer. It is an instance in which someone is using drugs or alcohol, and abstaining from those may be a part of their probation.
Being accused of the DUI is enough to be a violation of probation because the term of probation generally requires that someone does not have any arrests, and a DUI is an arrest. However, it is very common for courts in Northern Virginia to dismiss a probation violation if an individual is ultimately acquitted of the charge.
If someone recieves a DUI as a violation of probation in Fredericksburg, they will often have an automatic probation violation and have to appear in court to answer that violation. If they are successful defending their DUI charge and are acquitted, it is very likely that the court will look favorably on that person and will dismiss the probation violation.
After a DUI case is acquitted, the effect on a person’s probation will depend on the state of their probation prior to being charged. If the only reason probation is extended is because of the DUI and that DUI is dismissed, then there is a very good chance that the probation itself will also be dismissed when that goes back to court. However, an individual who is going to remain on probation anyway prior to the DUI charge will not be affected by having an acquittal. The charge simply will not result in a violation of probation and they will not have to worry about more jail time because of the violation.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.