Colonial Heights DUI While on Probation
While on probation, there is a certain expectation that you will avoid trouble as much as possible, in order to avoid incurring more charges. A Colonial Heights DUI while on probation, for example, could have serious consequences for someone if they have already been charged with a DUI offense. That is why it is important to get in touch with an experienced DUI lawyer. A skilled attorney could try to mitigate the severity of the consequences you may face for your probation violation. If you want to know more about Colonial Heights DUI while on probation, speak with a knowledgeable DUI lawyer that could answer your questions.
Conditions of Probation
A typical condition of a Colonial Heights DUI while on probation is attending ASAP. They are going to monitor alcohol intake. They are not going to be able to drink. The authorities are going to drug test them. They are not going to be able to use any illegal drugs. They are also going to have to report to group meetings, which can be substance abuse programs or simple driving school depending on their specific issues. Whenever a person is placed on probation, their job is to keep the peace and be on good behavior. That is the condition of all probations. If they get arrested for DUI, then that is a violation of that standard and will be an automatic violation of any probation.
Can a Person Receive Probation for Violating Existing Probation?
A person can receive probation for violating probation. However, this is rare and the only time that it really occurs is when the violation of probation is based on something that society recognizes as a sickness or disease, such as substance abuse issues. If they are on probation for possessing heroin and then they subsequently get a DUI based on heroin, then they could be placed back on probation.
The Commonwealth may want to get them some help and put them in different programs as opposed to just incarcerating them. However, if they are on probation for grand larceny and they get a DUI, larceny is not viewed societally as a disease and so they are probably not going to be put back on probation without any further penalty. These issues are decided on a case-by-case basis.
How Prior DUI Offenses Can Impact Someone’s DUI Case
If a person is charged with a Colonial Heights DUI while on probations, then a couple of things are going to occur. They are probably going to get arrested and not given a bond, so they will sit in jail as they are awaiting their trial date. If they are on active probation, that means that they have a suspended sentence over their head and they are going to be charged with probation violation and a show cause. This means they will have to explain to the judge through a hearing why they should not have to serve part or all of their previous sentence based off of their original DUI. Depending on the time-frame of the previous DUI, they can face elevated penalties for their new DUI.
Response to the DUI will not change if the charged person is on probation for something that is non substance-related. For example, if they are on probation for petty larceny and then they get charged with a DUI, that will not have any effect on the DUI. If they are on probation for a felony offense or for possession of marijuana, then that may have some effect on the probation and the new DUI in that the judge or the Commonwealth may look at them as somebody who may have a substance abuse issue. They may put them on some kind of a drug treatment program as they are awaiting their DUI trial. It also can have some effect on their ultimate sentencing because they will be viewed as somebody who may need treatment while also dealing with the DUI. The effects happen on a case-by-case basis.
What Happens if Someone is Acquitted?
Violations of probation are not based on convictions, but it is possible that being acquitted of a DUI charge can lead a person to go back on their original probation. A probation violation does not warrant a trial; it warrants a hearing. This is because there are numerous conditions to probation, including keeping the peace and being on good behavior. When dealing with probation violation, the standard is significantly lower.
The Commonwealth and the probation officer only needs to show that the person was not keeping the peace and being of good behavior. A way that they can do that is through a new crime conviction. This can show that at some point while they were on probation, they did something that was against the law beyond all reasonable doubt. However, the Commonwealth does not have to prove a probation violation to the same level as a conviction. If a person is acquitted on a technicality, they may still face a probation violation because the Commonwealth can use the details of that trial to show that they were not keeping the peace.
Consequences of DUIs while on Probation in Colonial Heights
If a person receives new charges while they are on active probation, this can affect their sentencing because the judges in Colonial Heights are more likely to either incarcerate on a first-offense DUI or add different conditions for a suspended sentence. This means that, even if they avoid jail time, any further trouble could end them o jail.
Penalties associated with getting a DUI while on probation are based on the details of their probation. It is still going to be a Class 1 misdemeanor with up to 12 months of jail time and a fine of up to $2,500. However, depending on what they are on probation for and how much suspended time they have over their head, they could be looking at anywhere from no time in jail to a lifetime in jail. If an individual wants to know more about Colonial Heights DUI while on probation, they should consult a qualified DUI attorney that could answer their questions while advocating for them.
