If a person is charged with DUI while on probation for prior offenses, they are going to be vigorously prosecuted for both the underlying DUI offense and their probation violation.
Every case is different, but law enforcement and prosecutors are inclined to prosecute repeat offenders or violent offenders more vigorously than others because they consider the person to be a danger to the community. A Charleston DUI While on probation lawyer could help a defendant avoid both criminal penalties for the DUI and correlating consequences for violating probation.
Violating Probation
Anytime someone in South Carolina who is on probation is arrested for DUI, the arrest itself qualifies as a potential probation violation. Being on probation and picking up a new DUI charge could result in the person facing a probation violation warrant, as part of which their probation officer requests that they be incarcerated pending resolution of their case.
The standard conditions for probation can be found on the South Carolina Department of Probation, Pardon and Parole website. The conditions mostly consist of staying out of trouble, not consuming alcohol or being in places where alcohol is served, and following the advice and instructions of their probation officer.
Sometimes, being accused of a DUI is enough to have a probation officer issue a citation for an alleged probation violation. For example, if someone is not permitted to drink alcohol while on probation, and they have a BAC level that shows they’ve consumed alcohol, they could face a revocation even if their DUI case is ultimately dismissed. Rarely does someone have their probation revoked if the DUI charge is eventually dismissed, however.
Penalties for DUI While on Probation
The penalties associated with being convicted of a DUI while on probation are similar to the penalties associated with being charged with DUI while not on probation. The severity of the defense depends on whether it is a first offense, second offense, third offense, or fourth offense DUI, or a felony DUI. A higher BAC level may also result in more serious punishments for a second or subsequent DUI.
Of course, a typical condition of probation is to avoid the commission of subsequent crimes. As a result, any person convicted of a DUI will likely face additional penalties for violation of probation.
Contacting a Charleston DUI While on Probation Attorney
Probation can be a difficult legal obligation to uphold. With frequent check-ins, drug tests, and other requirements, it may be easy to momentarily slip up. Some probation violations are more serious than others, however. A charge or conviction for drunk driving while on probation could lead to severe legal complications and likely incarceration.
A Charleston DUI while on probation lawyer could negotiate with judges, prosecutors, and probation officers to mitigate the consequences of a DUI offense. If you are facing DUI charges and you are already on probation, do not hesitate to reach out to a criminal defense attorney.
