If you are charged with a DUI while you are on probation, a couple of things will happen. Number one, you will be potentially in violation of your probation, so you can serve all or part of the time that was hanging over your head if there was anything suspended for your initial charge. Additionally, it will have a negative effect on your DUI case because you will be sentenced more harshly should you be convicted of that subsequent case. With each of these things in mind, it is important to consult with a Chantilly DUI attorney so that they may begin building a defense and assisting in protecting your legal rights.
It certainly depends on whether or not someone is on probation for a prior DUI or for some other offense. If they are on probation for a prior DUI, they pick up a new DUI charge, that is going to be significantly worse for them than if they were on probation for a lesser offense or a non-alcohol related offense and then they pick up a DUI.
If a person is on probation for a DUI in Chantilly and they pick up another DUI, the prosecutor is certainly going to be much harsher on them as will the judge be in terms of sentencing and that is because what they will see is somebody who is a repeat offender who apparently cannot be trusted to be on probation, and who needs some type of specific deterrent whether that is the actual active jail time or more intensive therapy. It is really going to depend on the situation of someone’s second DUI, but certainly, it is going to be treated much more harshly and there is going to be a huge potential for active jail time.
Some of the typical conditions of probation in Chantilly are a requirement that there be no further violations of the law, meetings that they have to have scheduled through their substance abuse counselor, and scheduled meetings with their probation officer if they are on active probation.
Sometimes, they will also have to do urine samples or a random drug test. Other times, there will be community service that might be involved as part of their probation as well. It is going to depend on the specific facts of their case.
It is not going to be called double probation, being charged while on probation again does exist. What that is that the judge allows someone to continue on probation even though they are technically in violation without forcing them to serve the time. It is like they are giving them a second chance while they are on probation.
Even getting charged with a DUI in Chantilly can sometimes be a violation in and of itself, but certainly being convicted of another crime is a direct violation of their promise to not be charged or convicted with another crime.
Being accused of a DUI might be enough to violate someone’s probation. Most judges would wait to see what happens with the DUI case when considering probation violations. If someone is found not guilty of a DUI, then it might be a situation where these judges would allow them to simply go back onto probation and continue, and so that offense should not occur or so that charge would not have occurred. It is going to depend on the judge and the facts surrounding their case.
Someone getting a DUI while they are on probation for a serious offense is going to give rise to larger problems. If they are on probation for something already serious, the fact that they were using alcohol or substances to the point where they are driving while under the influence and they are convicted of this especially if they have a heightened BAC level, this is going to be seen as an aggravating factor in how to deal with them on their other case.
Especially if someone was on probation for something serious where they have a lot of time hanging over their head, a DUI conviction is something that a judge is going to see as a disregard for the law and also a disregard for whatever second chance they got by being put on probation in the first place for their first case.
Tthe judge is going to sentence them more harshly, not only in DUI cases but in their underlying case through a probation violation charge as well. The underlying probation violation is also going to be a huge problem.