Subscribe to LexTalk to stay on top of today’s legal issue and trends.
Catapult Your Career |
Industry Insights & Trends |
Product Training & Tips
Being arrested for a DUI offense can have very serious implications for anyone. However, for people who are already on probation or parole, for DUI or for any other crime, a new DUI arrest can carry significant consequences. When a person is put on probation or parole, there is generally a condition imposed that the individual commit no new criminal offenses. Driving under the influence is a criminal offense which means that a DUI can lead to a probation or parole violation. For those who are already on probation for DUI and who pick up a new DUI case, there can be severe consequences on both the previous and the new DUI offense.
A person convicted of a DUI offense is generally placed on probation for a period of three to five years. While on probation, there may be a number of requirements that the defendant would have to actively complete, such as a drug and alcohol program, community labor or community service. In addition, the defendant will be ordered not to commit any new offenses and to avoid driving with any measurable amount of alcohol in his or her blood. When a person who is on DUI probation gets charged with a new driving under the influence offense, he or she has potentially committed a probation violation.
When arraigned on the new offense, the judge may choose to require the defendant to post bail for the new DUI charge as well as for the probation case. This can often be very expensive. When the old case occurred in the same county as the new offense, the Court will often order the court file for the older case to ensure that both the new offense and the probation violation are properly addressed.
It is important to remember that while on DUI probation, a person can violate his or her probation by driving with any measurable amount of alcohol. These drivers are also required to provide a breath sample on an officer’s preliminary alcohol screening (“PAS”) device if requested as part of a traffic stop. Even if the defendant’s BAC is below 0.08 percent (the usual legal limit for DUI) he or she can be charged with a probation violation if his or her BAC was 0.01 percent or higher. This can result in the sentencing judge revoking probation and imposing additional penalties, including jail time. In addition, the driver would have his or her driver’s license suspended for a period of one year. In order to fight the suspension, the driver would have to request a DMV administrative hearing within ten days of the incident.
It is often the case that the person in this situation will be charged with a second or subsequent DUI offense as well as a probation violation. Under the law, someone convicted of a second or subsequent DUI would face mandatory jail sentences and a minimum 18-month drug and alcohol education program. The fact that the driver was on probation for a DUI offense at the time the new offense was committed will be seen as an aggravating factor that may increase the penalties ultimately imposed.