DUI While on Probation in Fredericksburg

When someone is charged with DUI while on probation in Fredericksburg for another offense, a couple of things may happen. Their probation officer will file a probation violation against that person and it may become more difficult for that person to receive a bond, since an arrest is a violation of their probational terms. An experienced DUI attorney could help you prepare possible defenses for both the probation violation and the DUI itself.

Treatment of a DUI While on Probation

When someone is on probation for a DUI and receives a subsequent DUI charge, the court is far more concerned about that person’s drinking and driving behavior than the behavior of somebody who is arrested for a DUI while on probation in Fredericksburg for an unrelated charge.

It is easy for the court to assume that a person who is on probation for DUI and reoffends is going to reoffend again, and that person is a danger to society. It is very difficult to get a bond in that situation. However, if someone who is on probation for a different charge is arrested for a DUI, that certainly is a concern to the court but it does not rise to the same level of concern as a repeat DUI offender.

Can a Violation Impact One’s Criminal Case?

One of the most important ways that a case is impacted by probation is that it makes it extremely difficult to have a bond set. When someone who is on probation is arrested there is a presumption against any sort of bond, especially when the offense is a third DUI charge. There are other cases that make it difficult to have bond set in the first place, meaning that the accused is in jail and unable to improve their bargaining situation or to help prepare a defense for the case.

Understanding the Severity of Violating Probation

When an individual is charged with a DUI, they face very serious consequences compounded by the fact of being on probation. When someone has suspended jail time and is arrested for a DUI, especially if their underlying offense involved the use of drugs or alcohol while operating a motor vehicle, that person is very likely to have some or all of their suspended jail time revoked and will have to serve the remainder of that sentence. If someone is on probation when they are charged with a DUI, it becomes difficult to work out the DUI in their favor. The reason behind this being that the state and the prosecutor are concerned that this person is going to reoffend in the future based on the fact that they have already reoffended.

Penalties for Driving Under the Influence While on Probation

The penalties associated with receiving a DUI while on probation in Fredericksburg are the same as those for someone who is not on probation. However, they are compounded by the fact that the individual is on probation. It is much more difficult to work a case out in a person’s favor if they are on probation when they are accused. Generally, they are looking at much more serious consequences. For example, an individual who is not on probation may expect to have an insignificant or suspended jail sentence for a DUI charge. However, someone who is on probation, especially for a more serious offense or an offense involving drugs or alcohol, may be looking at a more serious jail sentence for the DUI charge.