Virginia DUI While On Probation
Typical probation conditions are going to include that a person abstains from illegal drugs or alcohol, that they do not pick up any new offenses during their probation, that they meet regularly with the probation officer, and that they follow treatment recommendations that the probation office has put in place.
Getting a Virginia DUI while on probation is going to qualify as a violation in at least one way, which is that it is going to involve having another infraction of the law. The second way that it can violate probation is that many probations will require a person to abstain completely from alcohol during the probation period. Taking up a DUI charge can violate the probation because it necessarily involves the consumption of alcohol.
A skilled DUI attorney can work with you to prepare your defense case if you are faced with impaired driving charges while on probation. It is important you consult with a lawyer who has local experience working on drunk driving cases.
Virginia Probation Laws
If a person is charged with a Virginia DUI while on probation for a prior DUI offense, then there are going to be a couple of important differences and a couple of additional significant problems that the person would not have in a regular DUI case. If a person is still on probation for their first DUI offense, then there is likely a suspended sentence in that case, which is conditioned on the person is not picking up any new charges—for example, if a person was sentenced to 90 days in jail and all of that was suspended during the first case.
The person does not have to serve that jail time so long as they do not pick up a new charge. If they do pick up a new charge, they may have to do some or all of that, what is referred to as comeback time. In addition, if the person is still on probation from the person’s prior DUI, that almost certainly means that the person’s prior DUI was within the last five years. The second or third offense within five years can be a serious charge in Virginia, which is going to involve some mandatory jail time.
Penalties Associated with a DUI
If a person gets a DUI while the person is on probation, the person may get all of the penalties that are available and that were suspended in the first case. If the person had suspended jail, the person may find that they now have to serve some of that time rather than it still being suspended. In addition to that, a court can extend the person’s probationary period and it can also extend any license suspension that the person may have had.
Violating Existing Probation
A person can receive additional probation in their first case if the person is violating probation. Normally, courts will place a person on probation or under a suspended sentence for a certain period of time and will not count any time that is after a person has picked up their new charge. They may find that their probation period starts over and that they will have a much more lengthy period of probation if they are convicted of a second offense.
Virginia DUI while on probation can become a serious matter if a person is on probation for something more serious than a DUI such as a felony charge. It can also become much more serious if a person is dealing with a second or subsequent DUI. A person can receive additional probation in their first case if the person is violating probation. Normally, courts will place a person on probation or under a suspended sentence for a certain period of time and will not count any time that is after a person has picked up their new charge. They may find that their probation period
Impact of Impaired Driving Cases
One of the ways being on probation in Virginia can impact the impaired driving case is that the person may be facing comeback time for the first charge. Normally, there is some amount of suspended sentence on a first charge, which the court may impose if the person is found guilty of a second charge.
In addition to that, because the first offense more than likely took place in the recent past, the person may be facing a second DUI within five years or even a third or subsequent DUI within five years, each of which carries mandatory jail sentences.
Role of DUI Acquittal
A person’s probation is not affected unless and until they are convicted of the new charge. A person would remain on probation during the tendency of their new case. If they were acquitted, then the new charge would have no impact at all on the probation.