What will happen if a person is charged with a DUI while on probation for a prior offense(s) will depend on the potential penalties a person may face if found to have violated probation. For example, suppose a person is on probation for possession of marijuana, second offense. And, when placing the individual on probation, the judge sentenced them to 30 days in jail all of which were suspended. Suppose further that the person’s probation terms required that they abstain from alcohol and illegal drugs.
If this person is then charged with a DUI while on probation, they could face the imposition of the person’s suspended jail sentence. This can occur, even if the person is not found guilty of the DUI charge. A probation officer would allege that the individual violated probation by merely consuming alcohol.
If you have received a DUI while on probation, you could be facing significant penalties. Reach out to a dedicated McLean DUI while on probation lawyer today. A seasoned DUI attorney could fight for you and help you understand your legal options.
If a person is on probation for a previous DUI as opposed to another type of offense, the probation terms will certainly include a requirement to abstain from alcohol whereas this is not always the case for other offenses. The court will also view cases like these a bit more harshly. Being charged with another DUI while on probation for a prior offense makes it appear to the court that the punishment imposed for the first offense was not sufficient to deter the same behavior.
If the offense for which a person is on probation is a prior DUI and the individual is charged with a second DUI, there will be certain minimum punishments the court must impose. The person may also face the imposition of any punishment that was suspended as a part of their probation for the prior offense. This could include jail time and fines. They may also face the imposition of previously suspended jail time and fines if they were on probation for a charge other than a DUI.
Typical conditions of probation include:
There may be additional special conditions depending upon the individual and the charge for which the person is placed on probation. For example, those on probation for a DUI will be required to enroll in and complete the Virginia Alcohol Safety Action Program (VASAP). Contact a DUI while on probation lawyer in McLean for more information.
Getting a DUI will qualify as a probation violation on a few grounds. The first way this could become a violation is if the person is found to have failed to obey Virginia’s DUI laws. Second, if the individual failed to report their arrest for the charge, this could be a violation of their probation. Also, if a person was required to abstain from alcohol and illegal substances and is determined to have utilized or possessed such substances, they could be found in violation.
Even if someone is acquitted of the charge, a court may still find them in violation of probation for even consuming alcohol, if there is any evidence of this.
If a person is on probation for an offense and the judge suspended a significant amount of jail time, an arrest for a DUI can become a serious matter. This is in part because people are less likely to be granted a bond for a probation violation. Because of this, the individual could end up being held in jail until a hearing is held on the person’s probation violation, which typically takes place after the trial for the charge underlying their violation.
The penalties associated with getting a DUI while on probation will depend on the potential penalties one may face if found to have violated probation. These penalties may include the imposition of a suspended sentence, suspended fine, or even the potential revocation of the individual’s restricted driver’s license for those on probation for a drug or alcohol-related offense. This is why it is incredibly important for those who find themselves in this predicament contact an experienced McLean DUI while on probation lawyer to defend both the underlying charge and the pending probation violation.
If you have received a DUI while you were on probation, you should obtain an accomplished attorney as soon as possible. A McLean DUI while on probation lawyer could advocate for you and help you through the legal process. Call today.
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