Birmingham DUI While on Probation
There are a lot of different things that may happen if a person is charged with a DUI while they are on probation for a prior offense. Ultimately, it is up to the judge and prosecutor as to what positions they may wish to take. A person would not only have to deal with the new charge as well as interviews, investigations, and discovery related to that DUI, but also deal with the probation violation.
If you are on probation and are facing a DUI charge in Birmingham, it is important to consult with an experienced attorney as soon as possible. A knowledgeable DUI lawyer in Birmingham can build a defense to help lessen or dismiss any potential consequences associated with the charge.
Action of the Court
After an individual is charged with a DUI in Birmingham while on probation, some courts will want to immediately take action and conduct some type of hearing where the person will need representation. Other courts will agree to reserve the question of probation violation depending on the outcome of the new charge. This all depends on which jurisdiction the person is in and the personality of the players on the other side.
The prosecutor has the discretion to file a plea deal asking that probation be revoked. The prosecutor can also ask that the probation or liberty be taken, pending the hearing. The prosecutor can ask for a no bond type order, pending the hearing on the probation revocation, which can take several days and sometimes even several weeks to schedule depending on where the person is and which court the person happens to be in.
Sometimes, there are negotiations for that person’s own probation. The individual may still be involved in some type of alcohol or drug rehabilitation program. There is also mandatory court referral, which typically involves drug and alcohol screens and educational type undertakings concerning substance and alcohol abuse.
Sometimes, the prosecutor may agree to not take action if the person agrees to step up their level of supervision, maybe do drug testing more often, or have to report in. There are a lot of different approaches. Depending on the severity of an individual’s prior charge when facing a DUI while on probation in Birmingham, the appropriate penalties will be discussed.
Impact of the Prior Charge
There is not much of a difference whether an individual violates probation for a DUI offense or another criminal offense. One of the rules of probation has always been that probation does not violate any state, federal, or local law. Depending on the nature of what the person is on probation for and the nature of the new offense, there are a lot of different configurations.
Some courts look at it more sternly when the person is on probation for an alcohol or drug case in Birmingham and the person reoffends, even during the period of a suspended sentence. Judges look at that much more harshly.
Whereas if the person is on probation for DUI and wrote a bad check for a pizza, the court may not be as severe as if the person has been charged with a new DUI or drug offense. Both are technical violations and both can resolve in revocation and probation. That is all the more reason why if a person finds themselves facing a DUI charge in Birmingham while on probation, they must hire an attorney to sort out their issues.