Prince William County DUI While on Probation Lawyer
A universal condition of almost any term of a misdemeanor or felony probation supervision is maintaining ‘legal good behavior’ for the entire duration of the probationary period. Legal good behavior essentially means behavior that does not violate any other laws. Because DUI convictions are treated as a more serious type of misdemeanor than average, a new DUI conviction while on probation will usually cause the probation officer or the court to issue a probation violation against the person on probation. However, merely being charged with a new DUI will not be enough to sustain the violation, even if a violation charge is initiated.
If you were on probation and received a DUI, you should obtain an experienced DUI attorney right away. A Prince William County DUI while on probation lawyer could advocate for you and protect your best interests.
Typical Probation Violations
Whenever someone violates an existing term of probation supervision, the court has the discretion to craft a new term of probation supervision if any back-up jail time is re-suspended again. In effect, this can result in a person receiving a new period of probation with new probation conditions as a consequence of violating existing probation.
Typical conditions of probation include:
- Not violating any other laws at the federal or state level anywhere within the United States
- Refraining from excessive or illegal drug use
- Maintaining an updated address and stable employment
- Attending all appointments and drug screens ordered by probation
- Avoiding dishonest or disruptive conduct with probation officials
- Having no contact with other defendants or victims form the original case
- Paying off fines, court costs, and restitution owed as part of the original sentence
- Completing a fixed number of community service hours per month
Most notably, getting a DUI would qualify as a new violation of law while on probation, which is the most basic and serious way one can violate probation. A DUI offense might also violate separate conditions related to the obligation to report new charges or convictions within days of them happening, or probation conditions related to avoiding consumption of alcohol or drugs.
What if the Defendant is a Repeat DUI Offender?
It is always better to face a probation violation for a new DUI offense when the underlying probation supervision was for a completely unrelated type of offense, such as stealing or unlawfully possessing a firearm. In such situations, the new DUI offense will be perceived more as a technical violation than a substantive violation. When a new DUI is committed while already on DUI-related probation, the response from the legal system tends to be fairly severe and unforgiving. Identical repeat-offenses are one of the most basic ways to portray either that a defendant did not take the first case seriously, or that the defendant has a serious behavioral problem that they cannot reasonably control.
DUI cases tend to result in limiting peoples’ driving abilities and requiring people to enroll in separate alcohol probation. Adding both of these penalties into the mix of preexisting probation supervision can make total compliance with the total probation scheme significantly more difficult or unfeasible in terms of time off of work, transportation to and from appointments, affording associated supervision fees, and more. The extra risk of punishment that a person runs from receiving a corresponding probation violation also interferes with the normal landscape of considerations that a defendant must weigh when receiving plea offers that will result in a DUI conviction. A defendant who is a repeat offender should reach out to a DUI while on probation lawyer in Prince William County as soon as possible.
Penalties for Getting a DUI While on Probation
If a person is already on probation for alcohol-related, drug-related, or driving-related crimes, then a new DUI conviction while on probation will likely be treated as a serious matter by the court. This is especially when the new DUI offense resulted in actual harm to people or property, and/or when the original offense leading to probation was also a DUI.
The penalties for getting a new DUI on probation will always depend on the original court sentence that ordered probation. Probation tends to be a condition of a suspended jail sentence, meaning an amount of jail time is held over a defendant’s head which will eventually expire if in the meantime probation is successfully complied with. The amount of jail time that is held suspended while someone is on probation is the potential penalty that one could receive for violating that term of probation by receiving a new DUI conviction.
The defendant could face jail time, significant fines, and more. If you are facing penalties, call a Prince William County DUI while on probation lawyer today.