If a person is charged with DUI while on probation for prior offenses, they will likely be vigorously prosecuted for the underlying DUI and for the probation violation.
Law enforcement and prosecutors are likely to prosecute a DUI where the defendant is on probation much more strenuously because the defendant likely will be considered a danger to the community.
Probation status has no impact on the charges a particular person can face, but an individual on probation is often given less by judges and prosecutors. An experienced DUI attorney could help fight against your charges. Call a Charleston DUI while on probation lawyer today.
Typical Conditions of Probation
Typical conditions of probation are that the person is not going to be allowed to consume alcohol, step into bars or associate with people who are drinking alcohol. Such a condition is known as zero tolerance. Zero tolerance probation is a harsh standard to uphold, and suspicion of a DUI is often an indicator of a probation violation, even without a full conviction.
Moreover, any arrest is considered a violation of probation, meaning that even before a defendant has a hearing in court, they are likely in violation of their probation.
A person may be continued on probation and not sent to jail or prison if they violate their existing probation. However, revocation is much more likely. The egregiousness of the underlying DUI charge usually dictates how much of a person’s sentence is revoked by the court.
If an individual on probation is charged with a second, third, or fourth-offense DUI, or when it is a felony DUI, it is unlikely the individual will be able to bond out while the underlying DUI is pending. It is critical for defendants to seek the services of a DUI while on probation lawyer in Charleston.
Acquittal While on Probation
If someone on probation is charged with DUI and is subsequently acquitted, they will simply continue with their probation as if the arrest never occurred, although their probation officer has a right, in most circumstances, to impose a zero-tolerance condition if one was not already in place.
In the eyes of the probation officer, a DUI arrest—even without a conviction—may constitute a violation of probation. The ultimate decision, however, rests with a judge regarding whether an individual on probation violated their probation and should, therefore, have their probation revoked.
A Conviction for a DUI While on Probation
If a person is convicted of a Charleston DUI while on probation, they will face incarceration both for the DUI itself and for the violation of probation.
The penalties associated with getting a DUI while on probation are the same as the penalties associated with being charged with DUI when they are not on probation. The duration of the sentence will depend on whether it is a first offense, second offense, third offense, or fourth offense DUI, or a felony DUI.
However, if the defendant is subsequently convicted of the underlying DUI, that would likely result in a revocation of their probation. At that point, the presiding judge would determine how much of their underlying probation was revoked, i.e., how much jail time the defendant must serve for the probation violation.
Contact a Charleston DUI While on Probation Attorney
If you are on probations and also got charged with a DUI, you may need the services of a dedicated legal professional. Fortunately, a seasoned Charleston DUI while on probation lawyer could advocate on your behalf. Call today and set up a consultation with an accomplished attorney.