2nd dui arrest while on probation
For example, a judge may limit or eliminate jail time if the DUI defendant agrees to conditions such as payment of a fine, random drug testing, a promise not to drive or to drive under limited conditions. Other common DUI probation conditions include rehabilitation or counseling, maintaining a clean record with no other moving violations or alcohol related offenses, and use of an interlock monitoring device.
If these conditions are violated, the defendant faces reinstatement of the original punishment —- for example, jail time — as well as additional penalties for violation of probation. These may include license revocation, fines, additional fees, and mandatory testing. If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing.
How Long Will I Go to Jail for Violating Probation?
If the defendant violated probation by breaking a law, the probation revocation hearing will probably take place after the new offense has been disposed of. Defendants are entitled to written notification of the time, place, and reason for the probation revocation hearing. If you have violated your DUI probation it is advisable to speak with a qualified attorney for defense assistance.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Some judges are very sympathetic, some are stern; but almost all judges will agree to order the repeat DUI offender who violatied probation to meaningful rehabilitation rather than sentence the defendant to jail or order added punitive conditions. Getting arrested for a 2nd DUI while on probation for a 1st is a serious matter.
Hiring an experienced DUI defense attorney to defend the case can result in a far better outcome than going it alone or hiring an attorney without DUI defense experience. Orange County DUI defense attorney William Weinberg has been defending drivers charged with driving under the influence of alcohol or drugs for 25 years.
He is available to speak with you free of charge to discuss your options.
GETTING A DUI WHILE ON DUI PROBATION — Orange County DUI Lawyer Blog — May 23,
You can reach him at his Irving office at or by emailing him at bill williamweinberg. The judge has discretion to suspend the fine. You must also perform at least 48 hours of community service , up to hours.
The judge does not have the ability to suspend the minimum, so you must put in your hours if you are convicted. Your license will be suspended for one year if this is your second violation. If you refused to take a chemical test after being stopped, then your license will be suspended for a minimum of two years.
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Colorado counts many different convictions as prior convictions. For example, any of the following will count as a prior conviction:.
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