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DAVID CLARK
Criminal Defense Attorney

Delaware County DUI While on Probation Lawyer

If a person is charged with DUI while already on probation, then their case will take a different path than someone who is charged with DUI with no prior offenses and no probation. Most importantly, unlike many DUIs in Delaware County in which a person could be released on their own recognizance and asked to come to court later, a person charged with DUI on probation may have a detainer from their probation judge or probation officer lodged against them, and this will keep them in jail until the outcome of the case. This is because a DUI is a violation of probation.

Fortunately, a Delaware County DUI while on probation lawyer could advocate for you and help you reach a favorable result to your case. Reach out to an experienced DUI attorney today.

How Being on Probation Can Impact a Case

Being on probation can impact the kind of penalties that a case could carry and lead to additional penalties by the probation judge or additional penalty suggestions by the probation officer. If someone has a DUI by alcohol, but is already on probation, they may not be facing jail time for the DUI itself, but they could be facing jail time for violating their probation in a more serious matter.

Whether a defendant is guilty or not, a DUI offense while on probation could impact their probation situation. Based on the circumstances of their prior probation case, the type of charge, how they were doing, and their relationship with their probation officer, a person might be eligible to receive another probationary sentence for violating probation. This will also include the circumstances of the new case, such as how egregious or non-egregious the new offense is. For more information, consult with a DUI while on probation lawyer in Delaware County.

Typical Conditions of Probation

The possible conditions for probation are numerous and case-specific depending on the offense. For theft offenses, common probation conditions are restitution payments to pay back the money that was stolen, possible community service, supervision by a probation officer, and possibly drug and alcohol treatment.

For a more violent offense, such as a simple assault, probation conditions might include community service to make restoration to the community, anger management or other types of therapy, drug and alcohol treatment if that was one of the roots of the problem, and supervision reporting to a probation officer.

One of the most common probation requirements is that there are no new offenses while the person is on probation. This is sometimes implied and not stated specifically. Sometimes it is a signed agreement that someone will sign at a probation office, that they will not incur any new offenses and not have a new arrest.

A DUI offense in Pennsylvania is a criminal offense and not a traffic offense, so it would be considered a violation of that probation condition. When someone’s probation conditions are violated, they are sent for a Gagnon hearing, a Gagnon 1 or a Gagnon 2 hearing. That just means that there will be a summary prepared by a probation officer and a hearing to decide whether the person has violated that probation. If so, a new sentence can be handed down to them so they can be resentenced to a new term of incarceration, probation, or both.

DUI While on Probation Penalties

Getting a DUI while already on probation can be a serious matter to a probationary judge or probationary officer for two reasons. First, because that might indicate a danger to the community if there is a serious DUI with high levels of intoxication or an accident that would endanger other people.

In addition, to the probation officer and judge, it might show a continued pattern of ingesting intoxicating chemicals, whether those are drugs or a high rate of alcohol contrary to the spirit of supervision. In some ways, it can be seen as a lack of remorse or a lack of rehabilitation by the defendant, by the probationer, if they are driving under the influence.

This might be a sign to a judge that they are not taking their probation seriously. Of course, the circumstances might be the opposite of that and there might be many extenuating and mitigating circumstances. That is a prime reason to have an attorney explain the situation to the probationary judge and to the prosecutors on the new offense.

If you are facing charges, contact a Delaware County DUI while on probation lawyer today.