Getting a DUI While on Probation in Salisbury
If someone is charged with a DUI while they are already on probation in Salisbury, this can have a marked effect on the conditions of their probation and possibly lead to the imposition of the previously suspended sentence. If someone is in the unfortunate position of having received a DUI charge while already on probation, they probably should consult with a Salisbury DUI lawyer to discuss their options for addressing this charge and its effects.
DUI’s as a Violation of Probation
A standard condition of probation is that a person commit no new offenses while on probation. If a person is on probation and they get stopped and charged with a DUI, then if they are ultimately convicted of that DUI, that would be considered a new offense. This can trigger a violation of probation hearing and at that point the judge will have to decide what to do.
The judge can do anything from actually letting them continue on probation, all the way over to revoking their probation and imposing the previously suspended sentence.
Role of a Probation Officer
Typically, if a person is on probation and they are charged with a DUI, they can expect that their probation agent is going to notify the court that the person has been charged with a new offense.
However, that probation agent typically will recommend to the court that there be no action taken at that time on the probation case. Unless the person has actually been convicted of a DUI, the court is not going to want to take any action or potentially revoke the person’s probation without them having been convicted of the new offense. The fact that they have been charged does not generate a violation of probation hearing.
There could be exceptions to the rule, depending on what the driver is on probation for, how they have been doing previously, and what sort of conduct they have shown while on probation. But there is always a possibility that the court could find out that the person had received new charges. Potentially, the court could issue an arrest warrant for that person based solely on the fact that they have acquired new charges while on probation. However, that is really more of the exception than the rule.
General Conditions of Probation
Probation conditions basically fall into two categories. There are some mandatory conditions, and those conditions apply to every single probationer. Those conditions include things like notifying your probation agent if you change employment or lose your job, notifying the probation agent of where you reside, notifying the agent of any new charges or arrests, and not committing any new offenses while on probation. Those are the general conditions of probation that apply to every single probationer.
Specific Conditions of Probation
There is a whole series of conditions that can be made very specific to that particular defendant. For example, a very typical condition of probation would be that the defendant participates in and successfully completes an alcohol abuse program. If that is the program that was determined to be appropriate to the defendant, then that should be completed.
Another typical condition of probation could be that a person perform some community service hours. There are certain judges on the Lower Eastern Shore who consider an order of 40 hours of community service to be very standard in a DUI case. Sometimes the judge will give them six months to complete this service, or perhaps they will simply require it to be completed by the end of the probationary period.
Some judges also require the defendant to get a restricted license while they are on probation. That means that, as a part of their probation, they have to go to the MVA and get a notification that is actually placed on their actual license., showing that that person is not supposed to have consumed any alcohol whatsoever while driving. If they have an alcohol restricted license and they are stopped, the law enforcement officer can ask them to take a breath test to determine if there is any alcohol in their system whatsoever. Other typical conditions of probation could include having to pay a fine or having to pay court costs.