Receiving a DUI while on probation is always serious especially when a person is on probation for a DUI or some other serious matter. The violating probation on the underlying charge results in a probation violation which is treated very seriously in addition to the treatment of the DUI charge by itself.
Anytime a person violates probation with a new criminal charge it is cause for concern. Under those circumstances, most courts impose some active jail time that was previously suspended on the underlying charge especially if it was a DUI. Having two charges that are similar communicates clearly to the court that whatever punishment imposed in the first case was not sufficient and that something much more drastic must be done in the second case. Typically, these scenarios result in incarceration that is measured in months rather in days or weeks making it important that a Manassas DUI lawyer is contacted as soon as possible.
Probation has a number of conditions. The important one is that a person keep the peace and be of good behavior or in other words, get no further violations of law.
In addition to this, a very typical condition of probation is that the probation follows any recommendations the probation office has for them in terms of education and treatment. Most of the time when someone first becomes a probationer, they are asked a series of questions during the intake process to determine if they are in need of treatment of some kind such as drug treatment or alcohol treatment.
When the probation office believes these things are necessary, they order that person to complete those recommendations. Completing classes or receiving treatment becomes an additional condition of probation. Failing to comply triggers a probation violation which can lead to additional penalties up into and including active incarceration.
Receiving a DUI is a violation of probation in two different ways. First, a condition of probation is always that a person receives no additional criminal charges during the probation period. Being convicted of a DUI counts as a criminal conviction which violates a person’s probation.
In addition, most probation orders contain a condition that states the person does not consume any illegal drugs or alcohol. When an individual is convicted of DUI; this demonstrates that the person consumed alcohol and that serves as an independent violation of the probation.
It makes a significant difference whether someone is already on probation for DUI, or for something else. For example, if a person was on probation for petty larceny, the DUI could constitute a violation of probation if a person is convicted, however, it is it is less likely to appear to the court that the person is repeating the same type of mistake.
If a person receives a DUI while they are on probation for DUI, most judges view that person as having a serious alcohol problem that is not being addressed. One of the ways the court can address that is by giving the person a significant period of incarceration to dry out, or by holding them without bail while the new DUI case is pending. The advice of a Manassas DUI lawyer can be invaluable in these circumstances.
A person can get additional probation for violating probation, however a court is not going to order a person to have two different probations through two different entities; or with two different probation officers at the same entity. Instead, in a probation violation situation, the new charge triggers an additional probation period. For example, if someone had one year of probation on the first charge, they may find that they have a total of two years once a probation period is imposed on the second.
The accusation alone of DUI is not sufficient to constitute a probation violation. There must be a conviction for the DUI to violate the condition that a person must not accrue any new charges. However, a person can, in the course of having that DUI, make statements to the probation officer which are sufficient for a violation.
For example, a person is accused of driving while intoxicated or driving while having illegal drugs in their system and they admit to their probation officer that they did have these things in their system. Even if the government cannot technically make out the DUI and secure a conviction, the statements made to the probation officer can be sufficient to form a probation violation.
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