Alpharetta DUI While on Probation Lawyer
When someone is on probation, they must refrain from violating the law. This includes getting arresting for a DUI. If a person is charged with a DUI, they are violating their probation and the law.
If you are on probation and are facing a DUI charge, reach out to a dedicated DUI attorney today. An experienced Alpharetta DUI while on probation lawyer could advocate for you and help you understand your legal options.
What Happens When a Person is Charged with a DUI While on Probation for a Prior Offense?
If a person is charged with a DUI while on probation for a prior offense, not only does the person get charged and booked into the jail on the new charge, but as soon as probation finds out, they are going to issue a separate warrant for violating the terms and conditions of probation. Anytime a person is on probation, one of the conditions of probation is that they not violate the criminal laws of the state, the city, or federal government. If a person is arrested and charged with a new DUI offense while on probation for DUI, the judge will likely not grant a bond to let the person out of jail because they have been charged with the same offense again. Many times, a DUI while on probation lawyer in Alpharetta is able to change the judge’s mind by getting the defendant evaluated in the jail and get them assigned to a treatment program as a condition of being released from the jail on bond.
Underlying Offense Can Impact Case
The response to a DUI while on probation depends on what the underlying offense that they are on probation is. It is unlikely the person will get a bond if they are on probation for DUI. If they are on probation for something else and they get a DUI, a judge will review it and look at it, but if it is alcohol-related, then it is going to be challenging to get a bond. This is because the judge may believe that the defendant has a substance abuse issue.
Common Probation Conditions
Some of the typical conditions of probation in Alpharetta are to not violate the laws of any governmental unit, maintain work employment, remain in school if they are in school, do not abuse alcohol or drugs, support their dependents to the best of their ability, report to probation when their appointments are scheduled, and do not leave the state without prior permission of probation before traveling.
What Happens When the Defendant is Acquitted of a DUI?
If acquitted in a DUI case, the person may or may not go back to their original probation. Sometimes the burden of proof on a probation violation is a preponderance of the evidence, which is 50% plus one. The burden of proof to prove a new DUI charge is the same as any new charge, and that is proof beyond a reasonable doubt to a much higher burden. It is conceivable that a person could be found not guilty of a DUI yet could be charged with violating their probation because it is a lower burden of proof on the probation.
DUI While on Probation Penalties
DUI while on probation can become a serious matter. In every instance, if a persons is on probation and they get a DUI, there is going to be a warrant issued for their arrest and they are going to be brought in front of the judge who put them on probation. The judge can consider revoking their probation and requiring them to serve the balance of their sentence in jail.
The penalties associated with getting a DUI while on probation include jail, significant fines, and other consequences. An Alpharetta DUI while on probation attorney could provide alternatives to the judge, including counseling or rehabilitation to get the person out of jail and try and get them reinstated to probation. When facing penalties for a DUI while on probation, it is crucial to obtain the services of an accomplished lawyer.
How an Alpharetta DUI While on Probation Attorney
Someone who gets a DUI while on probation should seek out an experienced DUI lawyer. An Alpharetta DUI while on probation lawyer could help pursue getting a bond on the new charge and pursue avoiding a lengthy jail sentence on the probation violation by assisting that person in getting evaluated and offering alternatives to the prosecutor and judge, such as counseling and outpatient and inpatient rehabilitation. If you are facing charges, call today and set up a consultation.