The outcome of a DUI probation violation can vary drastically. In the best case scenarios, the judge could reinstate your probation, but they could also add additional terms or even sentence you to jail time. DUI probation usually comes with many requirements, like attending classes, installing an ignition interlock device, completing community service, and paying heavy fines. Avoiding re-arrest is also a crucial requirement, as getting a DUI while on probation in Phoenix is a severe violation with harsh potential consequences.
If you are accused of DUI while on probation, you need aggressive representation from an experienced attorney. At Grand Canyon Law Group, we will fight tirelessly to resolve your situation with minimal impact on your life.
When someone on probation for drunk driving is arrested for a new DUI charge, they face increased penalties. If their license were suspended from a prior DUI, they would face felony charges. They can also receive additional jail time and other criminal penalties for the first DUI due to their probation violation, on top of the consequences of the new charge.
Many factors affect the potential penalties for a DUI while on probation. For instance, a second DUI during probation for drunk driving will lead to enhanced sentencing for a repeat offense, while someone on probation for a different crime would face sentencing as a first offender. However, if the previous crime is severe, the risk of revoking probation and facing prison time is high. Those charged with DUI in Phoenix should discuss their situation with a skilled lawyer who can explain the potential impact on their probation.
Proving a person violated their probation is easier than proving them guilty of a new crime because there is a lower burden of proof. The prosecution does not have to show they are guilty of DUI beyond a reasonable doubt. Instead, they must show a “preponderance of evidence”—that it is more likely than not—that the probationer drove under the influence.
A DUI acquittal means a jury found the defendant not guilty at trial. However, the defendant can still be found guilty of a probation violation. The judge determines whether a violation occurred rather than a jury; they also determine the punishment for violating the probationary terms. A mere arrest for intoxicated driving can lead to a probation violation charge, even if the defendant is never convicted of the DUI charges. Anyone arrested for DUI while on probation should consult our Phoenix attorneys as soon as possible to prevent severe repercussions.
A DUI arrest can significantly impact your life, especially if you are on probation for another offense. In these situations, you need a seasoned attorney who knows how to negotiate with the prosecution and minimize the penalties you face. Having the same lawyer handling your probation violation and DUI cases can help you achieve the best possible outcome.
Grand Canyon Law Group is ready to fight tirelessly for you and your rights. We can explain the impact of a DUI while on probation in Phoenix and discuss your options for defending the charges. Call us today for a consultation.