Fredericksburg DUI While on Probation
If a person is on probation, it means that they have a conviction of some kind in the past, and in most cases, there was a suspended sentence which is still threatening. Typically, one of the conditions of that suspended sentence is that the person maintains good behavior, meaning that they pick up no additional criminal charges.
If you are charged with a DUI while on probation, that means that if you are convicted of that DUI, you are also at risk of having additional penalties from the original case given by the court. Sometimes this can include fines, but it can also include jail time. Therefore, if you are charged with a DUI while on probation, you must take into account the secondary consequences which a conviction would bring with it regarding both the current and original cases. Because of this, it is important to retain the services of a Fredericksburg DUI lawyer who is qualified to work to build the best defense possible, and to represent you as you face the allegations in court.
Typical conditions of probation include that a person:
- Have no new criminal charges during that time
- Attend all probation meeting ordered by the probation officer
- Complete any classes or treatment ordered by the probation officer
- Abstain from the use of illegal drugs as well as alcohol during their probationary period
Does a DUI Count as a Violation?
A DUI qualifies as a probation violation for a couple of different reasons. First, if the person is on probation, they have been ordered to not pick up any new charges during the probationary period. So, that will form the basis of a probation violation. In addition, the person has been ordered to abstain from the illegal use of drugs or alcohol. If the person is convicted of a DUI, it means that there was alcohol use. So, that can form an additional basis for a probation violation, as well.
Regardless of what the person is on probation for, a new DUI conviction is more than likely to cause trouble. That having been said, it does make a difference what the person is currently on probation for.
If someone is already on probation for a DUI and gets a new DUI, that is going to mean a couple of things. First, the person’s current charge is probably going to be more serious, because it is going to be a second or subsequent offense. Second, it is problematic because the courts do not like to see people on probation committing the identical offense that they are already on probation for. If that occurs, it is much more likely that the court is going to sentence the individual on probation to a more significant or harsher amount of either jail time or fines than they would get if they were on probation for something unrelated.
Can Someone Recieve a Second Probation During The First One?
If the person violates probation, there is not a second probation which will attach. In many cases, however, that person can be given an additional period of probation. For example, if the person is sentenced to have two years of probation as a consequence of their first conviction, but then have a probation violation, the court can sentence up to an additional two years of probation, extending that period of time beyond what the original probation would have been.
How An Attorney Can Help
Being accused of a DUI does not furnish the basis for a probation violation. There has to be a conviction that flows out of that arrest. If a person goes to court for their DUI case and it is dismissed or the defendant is found not guilty, then the current probation will continue as though nothing had ever happened, because it is only a conviction that will trigger a problem.
Because of this, it is essential to have a qualified attorney working by your side to ensure the best outcome possible. Contact a lawyer immediately if you have been charged with a DUI while on probation.