Impact of Getting a DUI While on Probation in DC

When someone is already on probation for a criminal conviction and are then charged with DUI, they will face a number of potential penalties including those that are incurred as a violation of their probation. This will likely lead to serious penalties such as fines, a longer term of probation, or potentially even jail in certain cases.

As a result, it is important that if you are accused of DUI while on probation you consult with a DC DUI Lawyer immediately to discuss your case and begin building a defense.

Impact of Probation

When a person is on probation and gets a DUI charge, a judge may decide they are a threat to the community. Even before the person’s conviction, the judge could decide to hold them in jail while their DUI case is pending. At the same time, the person could also be facing a violation of their probation before they are even convicted on the new case.

Does It Depend on Whether You Were Already On Probation For DUI?

In general, when a person is on probation and they get arrested for an alleged DUI during the course of their probation, they face the possibility of penalties for the DUI and penalties for violating their probation.

However, when someone is on probation for a DUI and gets another DUI, the judge could view that as a very serious indication of the person’s problems with alcohol and with drinking and driving. As a result, a judge might be inclined to impose more serious consequences on a person who is arrested for DUI while on probation for another DUI, as opposed to a person who picks up a DUI while on probation for an assault, for example.

Conditions of Probation

Conditions of probation depend on a number of factors, including criminal history, personal history, and the specific facts of their case.

In a DUI case, the typical conditions of probation consist of an alcohol program, a traffic safety program, and a victim impact panel. A victim impact panel is a one hour panel discussion that is usually offered by Mothers Against Drunk Driving. It involves speaking with a panel of people who have had family members or friends affected by someone’s drinking and driving.

Other conditions of probation may involve the payment of fines, community service, and any alcohol or drug testing if it is deemed appropriate by the probation supervision agency.

First Rule of Probation

If a person is charged with any offense, including DUI, while they are on probation, they are at risk of having the police hold them in custody pending a judge’s decision on whether to release them.

Furthermore, they are very likely to face a revocation of their probation. A probation officer will most likely file a notice with the court asking the judge to determine whether to immediately revoke probation and sentence them to a term of incarceration rather than allow them to remain on probation.

Probation is always in lieu of incarceration; the court is giving them a second chance to show that they can abide by the rules and complete any required programs. Consequently, an additional charge while on probation is a very serious matter.

Penalties For Violating Probation

When someone is arrested for a DUI while on probation, and the judge who imposed their probation finds that there is probable cause for the DUI arrest, that judge has the authority to revoke the person’s probation and re-sentence them. It is possible for a person to be re-sentenced to probation again after getting their probation revoked. However, most judges do not do this.

When a judge places a person on probation and finds that the person violated their probation by picking up a DUI charge, the judge will very likely impose the full suspended jail sentence that was initially imposed in the case.