Darien DUI While on Probation
If an individual is on probation for a prior DUI in Darien, receiving another DUI charge can potentially have that violation revoked. That revocation can lead to jail time on the underlying prior offense, as well as penalties on the new offense. This can happen regardless of whether the prior offense is a DUI or not.
If you are facing a DUI charge in Darien while on probation, it is imperative that you contact a DUI lawyer as soon as possible. A knowledgeable attorney can help minimize or dismiss any potential consequences associated with the charge.
Impact on the Case
If an individual faces a DUI charge while on probation in Darien, both the police and prosecutors will think that they are not learning their lesson about the law. Even if the probation is for a different charge, they will believe that the individual may need to be incarcerated because probation is not causing them to take their charge seriously.
An individual can actually face probation for violating their probation after receiving a Darien DUI charge. This probation cannot be more than the person would be exposed to in the first place but, many times, especially if the defense attorney has the individual go through treatment, counseling, community service, or various other ways to make up for the bad behavior, then the court may seek more probation.
For any DUI conviction, an individual will almost always go through a substance abuse and alcohol evaluation, as well as any follow-up treatment that is recommended by the Office of Adult Probation. The conditions for violating probation by receiving a Darien DUI include no new arrests, not driving a vehicle that is not properly registered and insured, and usually comes with community service as well.
Terms of Violation
Just being accused of a Darien DUI while on probation is enough to be considered in violation of probation. Technically, any new arrests, if the court finds probable cause for the arrest, is enough to be considered a violation even if the individual is not convicted of the charge.
If an individual is acquitted of a DUI case, then they can go back on probation. If they are not convicted, it is very helpful to resolving the violation of probation.
Receiving a DUI while on probation in Darien increases the chances that the person is going to serve jail time. It also increases the chances that the probation will get terminated. This leaves the individual with more charges and re-opens the prior case. Then, a person has two cases pending.
The penalties for being convicted of a Darien DUI while on probation depends on what number of convictions the individual has had in the past. However, these penalties could include jail time.
On the first file, if the individual got probation, they may now have to serve jail time on that first file whereas before they would not have to. In this instance, the individual is going to have to face whatever penalties are associated with their second DUI charge.