DUI While on Probation in Hampton Roads

Getting a DUI while on probation in Hampton Roads can negatively impact a person’s situation in many ways. For example, if an individual is charged with a DUI while they are on probation, this can affect their ability to get a bond. This can also affect the person’s probation and a show cause could be issued, which could result in a suspended sentence being revoked due to this charge.

When someone violates their probation, a judge has the option to sentence the individual to serve a portion of that sentence. If you have been arrested for a DUI while on probation in Hampton Roads, you should contact a well-trained DUI defense attorney today.

Violating Probation Impact on Current Case

When an individual violates probation, the violation itself is not evidence in the new charge. If they are arrested for a DUI while on probation in Hampton Roads, the fact that they were on probation will not come up at trial. However, when it comes to sentencing, the violation of the probation will be made known to the judge, who will take it into consideration when issuing any sentence. Most of the time, if a person commits an offense while on probation, the judge will give a harsher sentence.

Common Conditions of Probation

When an individual is placed on probation, the judge has the ability to set a wide range of conditions. Most of the time, the conditions for probation includes paying all fines and costs, to be of uniform, and acting with good behavior (which means to not violate any laws of the Commonwealth, any other state, or the federal government). If an individual breaks any of these conditions, they would be found in violation of probation. To learn more about the conditions of probation, call a seasoned defense lawyer.

Consequences for Getting DUI While on Probation

When an individual is on probation and they have a suspended jail time and then they get arrested for a DUI, it is very serious. The person will now be at risk of losing the suspended sentence and having the full sentence imposed. The risk is heightened even more if the individual was on probation for a DUI or an alcohol-related offense or a drug-related offense.

If alcohol or drugs were a factor in the original case, the judge may determine that the individual has a substance abuse problem and has not been taking this problem seriously. The judge will now be more inclined to give the individual a lengthy jail sentence either at the DUI trial if the individual is found guilty, or if their probation is revoked, to impose a larger sentence or invoke more of the individual’s sentence.

There are no additional penalties for a DUI while on probation in Hampton Roads under the law. However, the problem for the individual is that the judge is more likely to increase the sentence at the trial for a DUI. The longer the individual’s court record is, the more judges believe they have to increase the person’s sentence from previous cases in order make the defendant understand how serious the situation is.