New Charge While on DUI Probation

If you are on probation for a DUI and you get a new charge, what are you facing? Unfortunately, that is not a good situation. Anytime you’re on probation for any type of charge, including a driving under the influence charge, and you get a new charge, you could be facing some serious complications. The problem is you’re not only going to be dealing with a new charge, you’ll have a new case under the new arrest, and you also will be dealing with the old case. The DUI will reopen as a violation of probation and under your same case number as the DUI you will now be dealing with the violation on probation. So, instead of just having one case, you’re now going to have two cases. Depending on what type of DUI you plead to, (first, second, or third) you could be facing varying amounts of jail time on that particular charge. It’s very important that if the only basis for your violation is the new law charge that you hire a lawyer that’s going to take both cases and evaluate them, because if you get the new charge dropped, or maybe reduced to some type of civil infraction, then the prosecutor on the DUI case and the violation on probation should take that into consideration.

The bottom line is that on the DUI case, you could be facing incarceration. Prosecutors and judges, as well as probation officers, look at different types of violations in terms of what is the most serious and what is the least serious. It is logical to believe that they look at the new law violations or new arrest as the most serious type of violation, because the person is on supervision and continuing to violate the law. Those are the types of cases that lawyers are the most concerned about when people come into The Umansky Law Firm and they’re on probation and they picked up a new case. When you’re looking at the two charges, maybe the DUI probation as well as the new charge, the violation of probation is usually the more serious of the two cases; the ones that people can really face going to jail on.