Lexington DUI While on Probation Lawyer

A condition of probation is that the individual is not supposed to get into any additional legal trouble. Therefore, an arrest would lead to a probation violation. Even though an individual is presumed innocent, when a person is under supervision on a probationary sentence, they essentially have a contract with the State and with the judge that they are not going to get in any additional trouble.

When a person is arrested for DUI and they are on probation, their probation officer is going to file an arrest warrant for violation of probation and the individual is going to have to deal with that separate warrant.

A Lexington DUI while on probation lawyer could fight for you if you have been charged with a DUI. Let an accomplished DUI attorney fight for you and stand by your side throughout the legal process.

What if the Defendant is on Probation for a Previous DUI?

If the defendant was already on probation for a prior DUI and they get another DUI, they will be facing sentencing enhancements. If someone is convicted of a second-offense DUI, the potential maximum sentence is much more significant than the first-offense DUI, in not only potential jail time but also collateral consequences.

The reviewing judge of the case is going to believe that the defendant has alcohol or drug abuse issues. This factor could lead to a serious enhancement of penalties.

Not only does the defendant get the additional charge of violation of probation, but they are put in a position where they are having to defend the DUI on top of their violation of probation. Also, if there is a substance abuse issue, they may need to seek alcohol or drug treatment.

Modifying Probation After a DUI Charge

The judge can either revoke the probation, which is a person possibly going to prison, terminate probation, which means it is just going to end and they are done with probation, or continue the defendant on probation. An individual could get an extended period of probation not to exceed five years, but it is not as if they have probation on top of probation. A person’s probation could be extended, revoked, or terminated. For more information, consult with a DUI while on probation lawyer in Lexington.

What Happens if the Defendant is Acquitted of the DUI Charge?

What happens after an acquittal for a DUI depends on if the defendant has their violation of probation hearing before the resolution or the disposition of the DUI case. Most defense attorneys like to have the DUI case resolved before a person has their violation of probation hearing.

For that very reason, if they have their violation of probation hearing prior to the disposition of the DUI, it could have either a negative or a positive effect on the other. Simply being accused of a DUI or arrested for a DUI can be considered a violation of probation, and a judge ultimately gets to make that decision at a hearing.

DUI While on Probation Penalties

Any type of arrest is a serious matter. When a person gets arrested for a DUI, the fact that they are facing a whole other criminal charge but also potentially a violation of probation, in and of itself, becomes a serious problem, and they could be facing potential jail time on both.

The fact that they are on probation and charged with a DUI does not affect it unless it is a subsequent offense that has enhancements in the sentencing. The penalties associated will also depend on what the terms of their probation are because they are facing not only the potential penalties related to the DUI but also the potential penalty of whatever the judge ordered when they placed them on probation.

A defendant is looking at jail time, expensive fines, and a suspension of their driver’s license. For help with fighting against charges, contact a Lexington DUI while on probation lawyer today.