DUI While on Probation in Frederick County
If a person is on probation for a previous DUI, a new charge will almost certainly trigger a violation of their probation. Depending on the nature of the charge for which they are on probation, the new charge could dictate whether they have a summons issued, or there is a warrant for their arrest.
While on probation, a person is supposed to be more careful and cognizant of the law as they face additional sanctions or consequences if charged and convicted of a new offense. Choosing to drive under the influence (DUI) of drugs or alcohol is generally a violation of probation, most likely leading to incarceration. However, an experienced DUI lawyer may be able to help.
How Do Prior Offenses Impact Frederick County DUI Cases?
On a first offense DUI, often a judge will offer the benefit of what is called a probation before judgement, which keeps the driver’s criminal record clean and no points. On a second offense, if the prior offense occurred within 10 years, then the person is no longer entitled to another probation before judgment, even if the judge was willing, which is rare. In that instance, the guilty verdict must stand. Additionally, with subsequent DUI offenses, the penalties increase. If a person is arrested for drunk driving while on probation in Frederick County and the offense they are on probation for is a DUI, it may show that the defendant had not learned from their prior punishment.
What Are Some Typical Conditions of Probation?
For DUIs, typical probation conditions include supervised probation for 12 to 18 months, requiring the person on probation to check in with their probation officer, maintain employment, and in many cases, sobriety. The supervised probation will require them to report once or twice a month for at least the first few months, and they will likely be required to pay fines and supervision fees. They could have to do a counseling class, alcohol class, Mothers Against Drunk Driving impact panel, and have an interlock device installed in their car for the duration of probation.
When on probation, the life of a driver is extremely restricted and even the slightest violation, let alone diving under the influence, could send them to jail. Even if the DUI charges are dropped or there is an acquittal, the individual would still be on probation just like they were before, although they would not face additional sanctions.
What Are the Penalties Associated with Getting a DUI While on Probation?
Arrest and/or conviction for any crime in Frederick County, including a DUI, is the worst-case scenario for anybody on probation. The judge in the first case could issue a warrant for their arrest and they could sit in jail for an extended period just waiting for the new case to be resolved, even if they are ultimately exonerated.
Two potential penalties apply to a second DUI. On the new DUI charge, the person could receive up to a year in jail (or more if applicable), and then more incarceration pursuant to the violation of probation.
Let an Attorney Represent You Today
Drunk driving is a serious charge in any instance, but when you are arrested while on probation, the consequences may be even more severe. It is even more crucial to work with a dedicated DUI lawyer to protect your rights and fight these charges. If you are dealing with a DUI while on probation in Frederick County, schedule a consultation and start working with an attorney immediately.