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DUI While on Probation

  • May 24, 2017

    It is always a stressful situation to be facing driving under the influence charges. However, if you are already on probation for something else, you have even more to be worried about. Someone who violates their probation by being charged with and convicted of a DUI can face serious penalties because of it. Luckily, you do not have to go through this situation by yourself; a Los Angeles DUI attorney can help you as much as possible with your case.

    What is a Probation Violation?

    In many situations, judges order that people be put on probation rather than serving active jail time when they are convicted of crimes. This helps prevent jails from being overcrowded, saves the state money and allows those who have been convicted of crimes to maintain some of their freedom.

    While on probation, someone who is convicted of a crime will often be required to follow certain stipulations. These can vary from case to case, but in general, someone who is on probation will be required to have a steady job or go to school full-time and show up for appointments at scheduled times. Additionally, even though not all cases are handled the same, anyone who is put on probation for any reason is required to abide by all laws and to avoid being charged with any additional criminal charges.

    If you are on probation and arrested for a DUI, the new charge will be communicated to the sentencing court. Once this is done, you could face the possibility of being issued a probation violation. This can have serious consequences.

    Since someone who is on probation is always assigned a suspended jail or prison sentence, the judge could actually choose to revoke your probation and force you to be taken into custody to serve your active sentence. In some cases, judges choose not to do this and instead reinstate probation; however, you might be given additional conditions on top of the original conditions that you were given when you were initially put on probation.

    What Happens When You Get Arrested for a DUI While on Probation for a DUI?

    If you have been convicted of a DUI already and are currently on probation for this DUI, being charged with another driving under the influence charge can be serious. Then, the prosecuting attorney might choose to enhance your sentence due to the subsequent charges. If you get convicted, you will face a mandatory jail sentence as well as a driver’s license suspension and 18 months or more of alcohol education classes.

    Other Ways That You Can Violate Probation

    The DUI itself might not be the only thing that can cause you to violate your probation if you are pulled over and arrested for driving under the influence while already on probation. If your license is suspended due to your previous DUI or if you are driving without the court-ordered ignition interlock device, for example, these additional offenses can also cause you to violate your probation and could cause additional penalties on top of the DUI-related ones.

    Any time that you get charged with a driving under the influence case, it is something for you to take seriously. However, if you have been charged with a DUI while already on probation for a previous DUI or another criminal charge, the situation can be even more serious, and the penalties can be much more severe.

    It is never a good idea to try to handle one of these cases on your own. Instead, you are going to need the assistance of a team of Los Angeles DUI lawyers who understand the law and who can provide you with representation.

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