When someone is on probation, he or she must refrain from committing any more criminal offense. If the individual does, he or she could be facing heavy penalties. Getting a DUI while on probation can have long-term consequences.
If a person is charged with a DUI while on probation for prior offenses, his or her probation will most likely be revoked even prior to a decision on the new DUI. A judge can decide to extend the individual’s probation or keep him or her on probation even if he or she violates it.
If you have been charged with a DUI and you are on probation, you should obtain an experienced DUI attorney from the Berry Law right away. An Omaha DUI while on probation lawyer could fight for you and help you reach a favorable outcome to your case.
Subsequent DUIs
If someone is on probation for a DUI, and he or she receives another DUI charge, the individual could be looking at significant penalties. The person’s probation will be violated, and he or she may be in jail on the violation while dealing with the new case.
When there is a subsequent DUI, the charges may be increased for a second or third DUI. When someone has a previous DUI or is on probation, his or her probation may be revoked and he or she could be charged with a higher level of DUI on a second, third, or fourth offense.
A second-offense DUI charge leads to a minimum of 30 to 180 days in jail, a $500 fine, and a driver’s license suspension. A third-time DUI offense carries a mandatory minimum of 90 days to one year in jail, a $1,000, and a license suspension.
An individual facing these penalties should contact a DUI while on probation lawyer in Omaha as soon as possible.
Common Probation Conditions
Typical conditions of probation for a DUI in Omaha are attending an alcohol education class, reporting to a probation officer, suspension of one’s driver’s license, or installing an ignition interlock device.
When a person is on probation, he or she is not allowed to drink alcohol. Also, getting a DUI qualifies as a new charge that would be a violation of probation. Being charged with a DUI is enough to be considered a violation.
If someone is acquitted in the DUI case, he or she does not necessarily go back to his or her previous sentence of probation. However, the person can request to be placed back on probation.
Violating Probation
If someone violates his or her probation, the judge can potentially revoke the probation or could be sentenced on the original charge. The person can be re-sentenced on the DUI. If it is a first-offense DUI, the person faces seven to 30 days in jail.
Someone can challenge a probation violation by requesting a hearing. Requesting a hearing and the date of the hearing is at the judge’s discretion. For more information, consult with a DUI while on probation attorney in Omaha.
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A seasoned Omaha DUI while on probation lawyer could advocate for you if you have been charged with a DUI. A dedicated local attorney could help you understand your legal options and work hard to build a strong defense. Call today and set up a consultation.