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Any time the person is on probation and the person gets charged with a new offense, it creates a serious scenario that is one of the more difficult things to deal with, because the person has already had some of their liberty interest taken and they are being required to do things that otherwise outside of the court order and probation would not have to do.

It is important to contact an experienced DUI lawyer who has experience in this area, knows the personality of the individual judges, and knows whether there are rehabilitative things that can be done. Sometimes it is a matter of asking the judge for a continuance to allow a person to complete something they were required to do to help. A lawyer can help you decide on how to proceed based on the associated penalties for a Birmingham DUI while on probation.

Defining Revocation

The prosecution will often use the threat of revocation on the older case as a tool to bring about a plea on the new case. They may not file the probation revocation or if they agree to continue the probation provided. For some people, it may be an opportunity to avoid consequences. Others think that it is a little bit too heavy-handed when each case can stand on its own merits. If the basis of a revocation is a second offense, it is important to know why someone should take advantage of that. Meaning, it should be understood why the individual is refusing their right to have a hearing and not confront witnesses in person.

Associated Penalties

If someone has been convicted of some type of offense and receives a suspended sentence, the judge can put that sentence into effect and revoke the person’s probation. It is one of the last penalties for a Birmingham DUI while on probation someone can face.

A judge may order that the person attends rehabilitated type programs or require the person to be drug and alcohol-free. Any time there is a threat of incarceration, probation by its very nature means that one has a suspended jail sentence. One has been ordered to serve a jail sentence. However, that has not been placed into effect and is pending successful completion of a term of probation.

Facing some kind of enhanced sentence could mean an increase of a possible second, mandatory jail sentence, possibly a longer rehabilitated program, and most definitely interlock device. There are a lot of different fines that the person spends for defending themselves, especially lawyer fees. That is why a person needs a good lawyer that knows what they are doing and do not minimize those consequences.

Role of Acquittal

There is a different standard for one to be convicted of new penalties for a Birmingham DUI while on probation. There must be proof beyond a reasonable doubt. An individual’s probation result can be revoked notwithstanding the acquittal on the new DUI charge because a judge only has to have the probation violation be proven beyond a reasonable doubt. The judge can still revoke on a lesser standard of evidence then prove beyond a reasonable doubt.

Birmingham DUI While on Probation