Getting a DUI While on Probation in Anne Arundel
Being charged with a DUI is serious, especially if you are already on probation for another crime. This can have heavy consequences, including having your probation revoked and jail time instituted. A DUI charge on top of probation is also a new criminal offense, which violates probation as well.
If you violate probation, a judge can sentence you to all of the backup time for the underlying case. Typically, a year of backup time is associated with first offense DUI cases, which means going to jail for up to a year – a very serious matter. If you’re on probation for something else, it is possible that backup time could be longer and more severe. For example, if you are on probation for an assault, the judge may have several years of backup time to incarcerate you. Getting a DUI while on probation is extraordinarily serious because it subjects you to a significant period of incarceration. If you have been charged, contact an experienced Anne Arundel DUI attorney for representation. They may be able to mitigate the consequences of the DUI charge.
Consequences of a DUI Charge While on Probation
Being charged with a DUI while on probation constitutes a new criminal offense, which would mean a violation of probation. Most judges will wait to see what the ultimate resolution of the DUI is prior to charging the individual with violation of probation. The judge could place potential sanctions, making the case much more high stakes. This circumstance makes it much more important to get the best possible outcome in that case, particularly by obtaining an acquittal.
However, if the individual was on probation for DUI, it is possible that the Court will proceed on a violation of probation hearing even if the individual is acquitted of the underlying DUI. The Court may do so under the theory that the individual was Court-ordered not to consume any alcohol, and there may be proof that the individual consumed alcohol regardless of a DUI conviction.
If Acquitted of the DUI Charge
If an individual is acquitted of the DUI charge that violates probation, then usually they will not face any sanction for violation of probation. The general rule is that if the DUI is dismissed there will not be a violation of probation, although that is always subject to some exemptions. If you do not have a condition to not consume alcohol on probation, then being acquitted would not violate it. It would automatically cause the violation to be dismissed because you have not been convicted of new probable offense.
However, if you do have a condition not to consume alcohol on probation, then are charged with DUI and there is proof that you did consume alcohol, it could be enough to violate your probation even if you are subsequently acquitted of the DUI.
Possibility of Getting Double Probation
Anne Arundel courts can decide to continue your probation as well as impose some of the backup time that you have. If you have a year of backup time, and the Court finds that you violated your probation, the judge may impose some of that year and continue your probation.
Additionally, for the new charge, there would also be a separate probation added. It is possible to be on probation for two separate offenses, and it is possible to have your probation continued even after you have initially violated it.
Conditions of Double Probation
Typical conditions of probation include the following: You cannot leave the state without reporting to your supervisor and getting their permission, and must remain free for alcohol and drug abuse.; you cannot have any new criminal charges; you must notify your probation officer and the Court before changing your address; you must pay monthly probation supervision fees; and you must attend a Mothers Against Drunk Driving Victim Impact Panel. These are pretty typical conditions of probation for a DUI case.