If a person is on probation for a driving under the influence offense (DUI), a subsequent DUI will show the court that they do not take the issue seriously and are a danger to the community. If they are on a felony probation, that is also treated harshly by the court if they get a DUI. If they are on probation for a petty offense or misdemeanor, the court may be more lenient than in other cases, but the court’s reaction depends heavily on the circumstances of each case.
A person charged with a DUI while on probation for prior offenses will face a second or subsequent offense for DUI, and their probation can be revoked, which means that they could be facing up to the maximum penalties for that other DUI on top of the new DUI’s penalties.
If you have been charged with a DUI while on probation, call Jenn and Justie at Nicol Gersch ASAP. Our skilled DUI attorneys can help you fight the charges and help you avoid the harsh consequences. Let an experienced Colorado Front Range DUI while on probation lawyer help you build a strong defense.
Law enforcement officers are always looking for DUIs. If it is nighttime, they are looking for them. If it is a weekend or a holiday, they are looking for them. They will camp out by bars. They will camp out in the dark corners and places where people are likely to speed past. They will watch people come out of the bar and see how they are acting and whether they get in the car and drive. Some officers patrol mall parking lots and watch for people to get in the car. If they are acting suspicious at all, the officer will follow them.
A dedicated Colorado Front Range DUI while on probation lawyer could ensure that your rights are protected and have not been violated in any way.
Most probation involves having to see a probation officer regularly. They must do monitored sobriety in the form of UAs or Vas, and they must do those randomly. They must do alcohol and drug classes. They must do community service, and they will need to pay a fine.
A person can receive probation for violating their existing probation. For example, if a person is on probation for a misdemeanor that is not a DUI and they picked up a DUI, they may receive probation for that offense as well, depending on the level of alcohol in the person’s bloodstream. If it is a low level of alcohol on a first-offense DUI and they are on probation for something unrelated to a DUI that is not a felony, probation usually is given.
In a DUI case, the prosecution must prove actual, physical control of the vehicle. If an attorney can establish a defense that the person was not in physical control of the vehicle, then that is an available counterargument. Sometimes the prosecution can use the person’s intent to drive as a way to prove their control of the vehicle, but their tactic depends on specific juries. A seasoned DUI attorney could review the facts of the case and help you build a solid defense.
If the only accusation leveled at a person is that they have violated their probation by picking up a new offense and they are acquitted of that offense, then there should be no subsequent penalties. However, if the person was sentenced to a year of probation on that other case, and then six months later, they picked up a DUI, they will have to finish out that extra six months.
If the person also failed to complete their class, failed their UAs four times, or they have not checked in with their probation officer and have been in trouble before, then a lot of times the court will acquit them of the charges but impose penalties for the other violations.
If this is a person’s second DUI while they are on probation, they may face serious consequences. You do not need to handle your case alone. Let us take care of the legal parts of your case. We could help you avoid the penalties for a DUI. Call Justie and Jenn at Nicol Gersch to learn about your legal options.
Schedule a consultation with a Colorado Front Range DUI while on probation lawyer today.