If you violate the terms of your Pennsylvania DUI probation, you may face arrest. After taking you into custody, the courts may also charge you with additional crimes. In addition, a judge may revoke your probation, making you ineligible for release from jail.
The consequences for a DUI probation violation depend on the nature of your violation and whether you have any previous violations on your record. In most cases, you will have to serve the maximum sentence possible for your original conviction.
Ultimately, the decision of how to punish your violation belongs to your probation officer and the judge. They may choose to extend your original sentence and revoke your probation, or they may let you off with a stern warning. However, if your new criminal charges constitute a violation of your probation, the judge and the prosecutor are likely to take a harsh stance in your case.
The attorneys at the McKenzie Law Firm, P.C., can help with your case. We will protect your legal rights and help ensure the best possible outcome of your probation violation. Call 610-680-7842 to speak to one of our lawyers about your DUI.
What are the terms of my DUI probation?
The judge who presided over your case determines the specific terms of your probation during sentencing, taking into account the nature of your charges and your past criminal history.
Generally, your DUI probation may require you to undergo a substance evaluation and participate in alcohol abuse treatment. You may also have to install an ignition interlock device on your vehicle, perform community service, and attend alcohol highway safety school. You must also attend any check-in meetings with your probation officer and pay all fees, fines, and costs associated with your case.
Some other common probation violations include:
- Driving with a suspended license;
- Facing another arrest or new criminal charges;
- Traveling out of the state without written consent from your probation officer;
- Failing to notify your probation officer of a change of address;
- Letting your employment lapse;
- Failing to submit to periodic drug and alcohol testing or testing positive; and
- Driving with any amount of alcohol in your system.
If you fail to meet any of these terms, your probation officer can declare you to be in probation violation. This may trigger a judge to a bench warrant for your arrest.
If it sounds like the court will have plenty of opportunities to throw the book at you, you are correct. To protect yourself and possibly avoid facing the harsh penalties that come with violating your probation, contact us as soon as possible. We can help you understand the terms of your probation and advise you on your rights if you are in violation of them.
What is an Accelerated Rehabilitative Disposition (ARD) violation?
In some ways, acceptance into the ARD program is a form of DUI probation. The difference between this program and probation is that participating in an ARD program will protect you from a DUI conviction.
Violating the terms of your ARD program will send your case back to court, where you will face your original options—pleading guilty to your charges or fighting the case. If this happens, we can negotiate with the prosecutor for reduced charges. If that is not possible, we will build a case and defend you in court against your DUI charges.
Because ARD is only available for first-time offenders, is it essential that you avoid your first DUI conviction. If a court convicts you, you will not be eligible for the program.
What if I get another DUI while on probation?
Receiving another DUI while you are on probation will complicate matters significantly.
Conviction for a second, third, or subsequent DUI will carry all the penalties that normally follow those charges. Those penalties are as follows.
But these may not be the only challenges you face with a subsequent DUI charge.
The court will notify your probation officer of the new charges. At that time, your probation officer has the option of filing a statement of violation, meaning that you have violated the terms of your probation. If that happens, the court will deny your bond and send you to jail when you appear in court for the new charges.
How can a DUI lawyer help me?
At the McKenzie Law Firm, P.C., our first priority is keeping you out of jail after a DUI probation violation.
If your potential violation was procedural—such as failing to complete your alcohol highway safety course or pay your fines—or if it involved another a non-DUI criminal charge, we will argue that you did not violate the terms of your probation.
If your violation involved a positive BAC test or any alcohol-related offense, we will build a case in your defense and protect your rights.
We provide professional legal representation for clients who have potentially violated their DUI probation. Contact 610-680-7842 today to schedule your complimentary consultation or to speak with a lawyer.