What are typical conditions of probation?

A key condition of probation is that you cannot violate the law while on probation. Probation may also require you to stay in contact with your probation officer and attend meetings, complete classes and pay fines, and in some cases not consume alcohol. Weapon possession is prohibited, and you may be required to submit to probation searches at the discretion of the probation officer.

How does getting a DUI violate probation?

Getting a DUI is a “term one” violation of probation because the act itself breaks the law. In addition, probation terms may explicitly prohibit alcohol or drug use, so the implied consumption associated with a DUI may also violate probation in that way.

What are the consequences of violating probation in Mesa?

Punishment for a probation violation is within the judge’s discretion. The court can put a person back on probation, add jail time, lengthen the probation period, or revoke probation and sentence the person to jail or prison. If the underlying charge is a misdemeanor, a probation violation can mean up to six months in jail; if it is a felony, it can mean prison time and revocation of probation.

Why does the initial offense matter if you get a DUI while on probation?

If you commit another DUI while on probation, you can face consequences for the new DUI and also face revocation of probation, and repeat offenses can compound. Even if you are on probation for a non-DUI offense, a new DUI charge can still have major consequences, including revocation of probation and a jail or prison sentence depending on the circumstances. The offense you are on probation for can impact defense strategy, such as whether taking a plea deal (which results in a conviction) could trigger an automatic probation violation.

What Happens if You Get a DUI While on Probation in Mesa?

Q: Is being accused of a DUI enough to be considered a probation violation?

No. Being accused of a DUI is not enough to be considered a violation of probation; a conviction is required.

Mesa DUI While on Probation Attorney

If you are on probation and you allegedly commit a new offense, like a DUI, this could result in serious legal consequences. Not only is driving under the influence illegal on its own, but it could also cause violation of probation, which comes with harsh penalties. If you have been charged with a Mesa DUI while on probation, it is important to get the help of a skilled DUI lawyer right away.

The former prosecutors turned defense attorneys at Grand Canyon Law Group will fight to defend your rights and protect your way of life. Reach out today to schedule a free consultation.

For a free legal consultation, call 480-400-5555

TYPICAL CONDITIONS OF PROBATION

Perhaps the most important term of probation is that you cannot violate the law in any way while you are on probation. There are also often provisions that require you to stay in touch with your probation officer and meet with them for meetings. You may also need to complete classes and pay fines.

In some cases, you may be ordered not to consume alcohol. Weapon possession is prohibited, and you are required to submit to probation searches at the discretion of the probation officer.

HOW GETTING A DUI VIOLATES PROBATION

Getting a DUI is a “term one” violation of probation, meaning the act itself inherently breaks the law. Additionally, the terms of one’s probation may explicitly prohibit alcohol or drug use, so the implied consumption associated with a DUI may also violate probation in this way. An experienced Mesa attorney can help you understand the terms of your probation and how a DUI factors into your legal situation.

CONSEQUENCES OF VIOLATING PROBATION IN MESA

It is always within the judge’s discretion to decide what is the appropriate punishment for a probation violation. It is within the court’s power to:

Put a person back on probation
Add jail time
Lengthen the probation period
Revoke someone from probation and sentence them to a jail or prison

If the charge you are on probation for is a misdemeanor, you could be facing up to six months in jail for violating probation. If the charge is a felony, you could be looking at prison time and a revocation of probation. It is important to remember that being accused of a DUI is not enough to be considered a violation of probation; this requires a conviction. With the help of a skilled lawyer, you could present a strong defense that mitigates the chances of a conviction or violation of your probation.

Click to contact our criminal defense lawyers today

THE INITIAL OFFENSE MATTERS

If you are convicted of a DUI, the court will often put you on probation and potentially order a number of days in jail. If you commit another DUI offense, not only do you face consequences for the new DUI, but you also face revocation of your probation. With repeat offenses, the consequences can compound on each other and lead to serious repercussions.

If you are on probation for a non-DUI offense, a new DUI charge could still have major consequences. You may be revoked from your probation and sentenced to jail or prison, depending on the circumstances.

The nature of the offense for which you are on probation can impact the defense strategy for a consequent DUI. For example, someone trying to avoid revocation of their probation may not want to take a plea deal because this will result in a conviction, which would serve as an automatic violation of probation. For someone in this situation, going to trial may be the best option to ensure the best outcome of your case. A skilled attorney at Grand Canyon Law Group could help you construct a legal strategy that reflects the nature of your original probation charges as well as your DUI.

Complete a Free Case Evaluation form now

DISCUSS DUI WHILE ON PROBATION WITH A MESA ATTORNEY

DUI charges and violation of probation are not things that you need to take on alone. This can be a stressful time, but the dedicated team at Grand Canyon Law Group is here to help. We have successfully defended hundreds of cases and are ready to put our expertise to work for you. If you have received a Mesa DUI while on probation, call today to discuss your case with a knowledgeable lawyer.

Call or text 480-400-5555 or complete a Free Case Evaluation form