Receiving a DUI is a serious charge no matter who it happens to. If it occurs while the driver is on probation for a previous offense, their chance of receiving a lighter sentence becomes much more difficult. If you were charged with a DUI while on probation in Manassas, a lawyer might be able to help you. A skilled drunk driving attorney could analyze your situation to determine your legal options.
If a person who is on probation for a prior offense is charged with a DUI, two things will happen. First, they are likely to be violating their probation and will have to face the probation violation charge. Second, they will likely have a more difficult time defending their DUI, getting bond, and receiving certain positive considerations for their case.
If an individual is arrested for intoxicated driving while on probation, no automatic rule prohibits releasing the defendant on bond. However, negotiating with the judge becomes much more difficult. Most of the judges who look at these cases want a serious plan in place to address any underlying causes that might be leading to these behaviors.
Everyone who is on probation in Manassas is required to abide by the laws and remain on good behavior. Most importantly, they cannot have any further arrests. Those on probation are also typically required to abstain from alcohol and non-prescription drug use. They will usually be required to meet with the probation officer and conduct an evaluation for substance abuse and mental health.
The court has a wide range of tools available to enforce the terms of probation. It is trying to prevent a problem from getting worse and leading to future offenses. As such, the court will try to set up a series of requirements that can assure the defendant will address the underlying problems.
Judges and prosecutors examine probation violations on a case by case basis, and predicting when one case will be treated differently is difficult. However, an individual who is on probation for a previous DUI will likely face more scrutiny than someone who was probation for an unrelated offense. In the majority of cases, if someone is given a suspended jail sentence for inebriated driving and then commits a second DUI in the interim time period, they will almost always be required to serve the entire suspended sentence.
There are several ways in which being on probation before being charged with a DUI can impact a case in a negative way. Primarily, defendants may have more difficulty having bond set and negotiating with the prosecutor. A prosecutor who does not want to negotiate can always cling to the argument that someone who was on probation when this occurred should have known better than to do something reckless and illegal. The prosecutor who does want to make a specific negotiation may have a difficult time agreeing to it for someone who is on probation.
In general, someone who is charged with a DUI while on probation is much more likely to proceed to trial because they will have more at stake.
It is important to obey the rules of your probation, especially if they include refraining from alcohol and drug use. Failure to abide by these terms can compound the seriousness of your situation if you face other charges in the future. If you received a DUI charge while under probation in Manassas, a nearby lawyer could be your advocate in court. Call now to learn what your legal options are.
Patrick Woolley Attorney At Law