If you are charged with a DUI while on probation in Henrico County, your probation can be violated and you may have to return to court to serve an active jail sentence based on your original charge. Sometimes courts will wait for the outcome of your DUI case to determine the punishment.
Receiving a DUI while on probation can have a significant impact on your case, especially since it is an indicator of a prior record. If you get a DUI and your previous charge was a DUI or an alcohol-related charge, that will send a specific message to the court. It will be a clear sign to the prosecutors and to the court that you are dealing with an ongoing substance abuse issue and that you have yet to properly address it.
In the instance that you have violated your probation, there can be consequences. A Henrico County DUI lawyer, however, may be able to help by working in your best interest, and to minimize the penalties you may be facing as much as possible.
Some conditions of probation can include meeting with your probation officer and contacting your probation officer regarding employment. Another condition of probation is for drug and alcohol screening where you will be notified when to come and provide an alcohol screen. If you have any issues with that, fail to report, or test positive, it would be considered a violation. Another condition is to regularly check in and report employment issues.
In some cases, if it is an inactive charge, part of your probation will require you to appear in front of the judge to give updates on the terms and the progress of your probation.
A DUI, or receiving a charge for DUI, would qualify as a violation of probation in that you have violated the terms of good behavior. With any probation charge, you are required to keep the peace, maintain good behavior, and not violate any laws. Receiving a DUI charge would violate those terms.
Receiving a DUI while on probation will aggravate a DUI charge because of the recent criminal activity or conviction. It also can result in revocation of any suspended sentence from your underlying charge. For example, if you have a 12-month suspended sentence, all of that sentence could be revoked upon your conviction of the DUI.
You can, in some circumstances, get additional probation or more intensive probation for violating the terms of your original probation. This possibility for more probation will depend on what the original charge was, what the current charge is, and how aggravated the case is.
If you do receive more probation, it will typically come in the form of additional supervised probation, additional requirements for drug and/or alcohol counseling, as well as continued monitoring.
If you beat the DUI charge you receive while on probation, then you would and should go back on your original probation terms, while the charge itself will raise a red flag. If you are acquitted, or if the charge is dismissed, the court will not view it as a violation of your probation.
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