If a person is on probation for prior offenses and is charged with a DUI, that could be considered a violation of the conditions of their prior offense. They may have to serve all or part of the time for which they were on probation in addition to the penalties associated with a DUI conviction. Having a DUI while on probation is always considered a very serious matter. Given the overwhelming consequences of drunk driving accusations while on probation, accused individuals are advised to speak with a Fredericksburg DUI while on probation lawyer immediately. A well-practiced DUI attorney could help you fight allegations and defend your name.
If someone is on probation for a previous DUI charge and they are convicted of another DUI within five years in the State of Virginia, the second one is considered a much more serious offense than the first. The second charge carries mandatory minimums and the person could lose their license for a significant amount of time. The second offense is a completely different charge that has to be proved in court. Given the circumstances of the case, some Virginia judges may grant probation for violating any existing probation terms. Depending on the individual’s explanation of what happened, they may simply continue the person on the existing probation after they serve a certain amount of time.
If someone is on probation for a DUI and is charged with a new one within five years, it is covered by a separate Virginia statute called “second offense in five years.” The second offense carries a mandatory minimum jail sentence of 30 days and a minimum fine of $500.
The accused person will also receive an automatic 60-day license revocation just by being charged with the second DUI. If they are convicted of a second offense in five years, they could lose their license for up to three years. In conjunction with the requirements applied to a regular Virginia DUI, they must also take part in a VASAP. Individuals facing these penalties should seek the assistance of a Fredericksburg DUI while on probation attorney.
While probation typically depends on the specific case, it always includes VASAP in Virginia. It also includes some type of drug testing as part of VASAP and meeting with a probation officer. They may consider, does the person think that they:
Being granted probation hinges on the person’s answers to the questions asked by the VASAP intake officer.
Given the type of program the person is entered into, they might simply do weekly or monthly check-ins with a probation officer or a VASAP officer. The officer may simply ensure that the individual is following the rules, has an ignition interlock installed in their vehicle if they are permitted to drive, and has a steady job. There may be other terms of probation set by the judge beyond mandatory requirements, depending on the facts of the case and the person’s criminal history.
As with any type of suspended sentence, getting a DUI is considered a violation of probation since it was originally established to ensure they do not commit a new crime. Doing so is considered a violation of the probation. Whether the person returns to probation after an acquittal hinges on the facts of their DUI case.
If a person is on probation for a previous DUI, any new DUIs may very likely worsen their situation. Those who are facing such charges may benefit greatly from speaking with a Fredericksburg DUI while on probation lawyer. A seasoned defense attorney could explain how the charge may play out in court and could use their experience to build their defense. Reach out to a tenacious attorney today to learn your rights.