If someone is charged with a DUI while on probation, being convicted of that drinking and driving offense could violate their probation, lead to enhanced penalties, a more severe penalty for the DUI itself, and revocation of suspended time or other deferred sentences for the offense they were originally on probation for. A person could violate their existing probation and have it renewed or extended, meaning they would still be on probation even after they violated it.
The stakes are going to be raised if a person is on probation for a DUI and gets a new offense, and as a result, they face more serious punishment. Therefore, it is crucial for them to get in touch with a Greensville DUI while on probation lawyer as soon as possible. If you have been arrested, consult with an accomplished DUI attorney today.
When an individual is on probation for a DUI, the court will consider the fact that their original punishment was not sufficient to deter them from being convicted for subsequent DUI. To the court, they have committed the same offense in the short period while they are on probation, knowing the risk of driving under the influence, yet they allowed themselves to be arrested, charged, and convicted for the same circumstances. As an experienced attorney could further explain, being arrested for a DUI while on probation in Greensville County can lead to significant penalties and long-term consequences.
If they are on probation for a different offense, that has a material difference in how the judge sees the case. On the one hand, it is a new offense while they are in probation, but it also at least shows that they are not engaged in the same behavior that led to being to them being in trouble in the first place.
Typical conditions of probation include remaining free from alcohol and drugs, and not violating any laws during the term of their probation. Getting a DUI would qualify as a violation of probation because it is a violation of the law while they were on probation.
In some circumstances, being accused of a DUI is enough to violate their probation, because the standards for probation and probation violations are not the same as a standard trial. So, merely being alleged to have violated the conduct could be sufficient to violate their probation, even if they are not convicted of an additional offense.
Whether they return to probation after being acquitted of the second offense depends on the judge who sentenced them to probation in the first place. It is possible that their probation ends or that they are returned to probation. Consult with a dedicated lawyer in Greensville County for more information on being arrested for a DUI while on probation.
Anytime that someone faces a DUI while on probation, they are looking at serious penalties and long-term repercussions. Penalties include up to a year in jail, fines, and a driver’s license suspension for up to a year. In addition, the added penalties for violating their probation could be revocation of a suspended sentence or any other penalty that was deferred from their underlying first offense.
A defendant facing these penalties should seek the services of a Greensville County DUI while on probation lawyer as soon as possible. Let an experienced attorney fight for you.
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