Facing a charge for driving under the influence (DUI) is always a serious matter that brings with it real repercussions. The penalties for driving under the influence become much more serious, however, if the accused is on probation for another offense at the time. This is when someone should consult an Auburn DUI while on probation lawyer.
If you face a DUI charge while serving probation, contact an experienced DUI lawyer in Auburn.
What Does Probation Mean?Probation provides an opportunity for someone to leave jail or prison prior to the end of their sentence. However, the release does not mean they are completely free.
Probation release generally requires an individual to check in regularly with a probation officer, prohibits the individual from breaking any laws, and obligates them to comply with any other requirements established prior to release. Violation of any law and/or term of the release may result in the individual returning to jail or prison to serve the remainder of their original sentence. An Auburn DUI while on probation lawyer understands that this violation can have severe consequences.
The legal standard for proving a probation violation is less than the standard in criminal court. So, while reincarceration requires more than an allegation, meeting the burden does not require extensive evidence. Additionally, a person can also face criminal penalties for the new allegation.
What are the Components of a DUI?Driving under the influence of impairing substances, such as drugs or alcohol, is a criminal act that can result in criminal penalties if the driver pleads guilty.
In Auburn, driving with a blood alcohol content of .08% or higher constitutes drunk driving for non-professional drivers 21 or older. The blood alcohol limit is less for drivers who are underage or drive commercially.
DUI Probation Violation in AuburnOnce the court charges a person with driving under the influence while on probation, there may be revocation proceedings. Here, the probation officer or prosecutor can petition the court that issued the original sentence to revoke the accused’s probation. The sentencing court may also begin that process, even if no one files the petition requesting revocation.
If the prosecutor petitioned the original sentencing court, there are options other than revocation. They can request the revocation pend until the resolution of the DUI or request permission for the accused to remain on probation if they agree to increased scrutiny or additional requirements.
During a revocation proceeding, an Auburn DUI while on probation lawyer can represent the accused and can negotiate on their behalf. Regardless of whether they charge the person with reckless driving or driving under the influence, both are criminal charges, and therefore prohibited by the terms of probation.
Reoffending the same or similar act may result in harsher potential penalties, but that does not mean the possible penalties are void simply because a DUI charge is wildly different from the original conviction. So, reincarceration is a real possibility.
Assistance From an Auburn DUI While on Probation LawyerIf you find yourself facing DUI charges while still on probation, do not hesitate to contact an Auburn DUI while on probation lawyer immediately. A skilled attorney can examine all aspects of a case and begin building the most robust defense possible. Call now for a free consultation.