Difference Between a DUI on Probation and Violating Existing Probation in DC
The difference between getting a DUI on probation and violating existing probation in DC is the type of penalties an individual can face. Contact an experienced DUI lawyer to understand the penalties you face for either charge.
Being convicted of the newer DUI offense and having that re-arrest result in the revocation of their probation or a suspended sentence. The penalties can be even worse when a person is on probation for a DUI and is then re-arrested while on probation for another DUI.
Role of a Judge
A judge who places a person on probation for a DUI might be more likely to revoke the probation if they believe the person committed a new DUI while on probation. When a judge places someone on probation for a completely unrelated type of charges such as theft, fraud, or other criminal offenses, they agree to not committing other crimes.
A difference between a DUI on probation and violating existing probation in DC is a judge may be less inclined to revoke probation as a result of a new DUI arrest. The reason for this being that the DUI is completely unrelated to the charge that resulted in the original probation. This is not always the case. A judge can impose conditions of probation and could revoke a person’s probation for any violations including an arrest for a completely unrelated offense.
Attorneys may have a greater ability to be able to make arguments that a person should not have a probationary period revoked due to a completely unrelated arrest compared to a re-arrest for a DUI charge while the person is already on probation for DUI.
The additional added penalties when a person is on probation for a DUI and then is rearrested for another DUI is that the new DUI can subject the person to mandatory minimum levels of incarceration purely for the new DUI. Mandatory minimums from second or subsequent offense DUIs could be enforced on top of any jail sentence imposed by the revocation of the person’s probation period.
Impact of a New Arrest
Being rearrested for a new charge while on probation can have an impact on the probation case and the new case. When someone is on probation, they always face the possibility that their probation could be revoked by the judge. They could encounter the imposition of a full suspended sentence. It is important to contact a lawyer who can clarify the difference between a DUI on probation and violation of existing probation in DC and the penalties they carry.
When someone is re-arrested, there are two different situations to deal with the issue. Challenging the evidence in the new case and understanding that the new case could result in even lengthier jail sentences in the probation case. This can limit the person’s options to resolve their criminal cases. The person must make sure that a judge would have no other reason besides the new criminal charge to revoke their probation.
Possible Defense Strategies
If a person is on probation for a DUI and is rearrested for another DUI, the defense attorney can ask the probation judge to not make any judgments on the probation matter until the prosecutor can prove their client did commit the new offense. Judges agree with that in many situations.
An arrest does not necessarily mean that a person committed a new crime. However, a person may be given less leeway if they committed other violations during their probation such as repeated positive drug screenings, not completing community service, not taking alcohol education courses, or other conditions.
A difference between a DUI on probation and violating existing probation in DC is a judge may conclude that the person is unwilling or unable to comply with the conditions of probation. They may decide to not even wait for the outcome of the new case if they have been charged with drunk driving while on probation.
Hiring an Attorney
When a person is on probation and is rearrested for a new offense, it is more important to ensure perfect compliance with their probation such as completing their conditions, doing community service, and attending alcohol or substance abuse courses. That can make the difference between a judge agreeing to wait for the outcome of a re-arrest or declining to wait and revoking the probation immediately after the re-arrest. Hiring a lawyer who understands the difference between DUIs on probation and violating existing probation in DC may be critical to obtaining a desirable outcome for your case.
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