DUI While on Probation in Columbia

Basic conditions of probation include not being involved in criminal activity, abstaining from having alcohol or drugs in their system, and being around known felons or any type of other criminal activity and drug abuse. Even though someone is presumed innocent at that point, they are still charged with a crime.

Generally, almost every time someone is charged with a crime and they receive a probationary sentence, a judge provides that they have random drug and alcohol testing through the Department of Probation and the probation agent will conduct those tests. For this reason, being convicted of a DUI while on probation in Columbia can have serious implications for one’s charge. Read on to learn more about what goes into cases involving a DUI while on probation in Columbia, as well as the ways a dedicated DUI attorney could help your case today.

What Happens After a DUI Charge While on Probation?

If an individual is charged with a DUI while on probation for prior offenses, it substantially increases the likelihood that they will receive a prison sentence. It will also generally result in a hearing on their probation or a violation of their probationary sentence. When a judge is looking at a violation of probation where the underlying conviction resulted from a DUI and a new subsequent arrest is for a DUI, it is possible that the individual has an alcohol or substance abuse problem.

Judges are more likely when they are reviewing a case for someone who has that issue to treat the case in a more severe light, especially considering if someone is on probation. A prior judge had already given them a second chance by putting them on probation to be supervised during that period versus having active jail time. Ultimately, that is something that the judge will take into consideration.

Impacts on a Case Sentence

Getting a DUI while on probation in Columbia could impact a case because the prosecutors will be less likely to make a deal and to reduce the DUI charge. The probation agent sometimes can take a hard stance as far as their recommendation to any violation of probation or at least per their recommendation to the judge. Given that the prosecutor and probation agent assess the fact that the individual may have a drinking problem, they could be a danger to the community because they are continuing to drive. South Carolina ranks incredibly high in driving fatalities that are related to alcohol.

Resulting Penalties

The resulting penalties for being convicted of a DUI while on probation in Columbia will depend on what the original sentence was that the judge issued when they gave that individual probation. It would depend on the type of DUI charge, like if it a first offense, second offense, or third offense DUI. It also depends on whether the individual had a BAC level or blood alcohol content below 0.01% or above 0.15%. All those things go into what the potential sentence could be and the penalties that result from those enhancements.

If you wish to fight against these penalties after being charged with a DUI while on probation in Columbia, do not hesitate to retain the help of a skilled criminal attorney today.

DUI While on Probation in Columbia