After being convicted of a criminal offense, the judge might put you on probation – either as the primary form of punishment or as a penalty following a jail or prison sentence. Probation is a form of supervised release granted instead of serving time in prison, and violating the terms of probation can lead to various penalties.
While under court-ordered supervision, you will be required to adhere to specific terms. Failing to follow the conditions is considered a violation, and you could face additional penalties for your non-compliance.
In many cases, defendants who are given probation for their criminal charges will be prohibited from consuming alcohol as part of their probation terms – usually in an effort to promote their rehabilitation. In any case, it is always a violation of probation to engage in any kind of new criminal activity, including driving while under the influence (DUI).
Possible Probation Conditions
Aside from maintaining contact with your probation officer, other terms could include, but are not limited to:
- Being available for random alcohol testing
- Attending an alcohol treatment program
- Not committing any other offenses
- Notifying your probation officer of any arrests or citations you receive
Because of the requirements, if you are arrested for suspicion of DUI while still completing the terms of your probation, you must report that information to your probation officer. If you don’t, you could be considered in violation of your conditions.
If you do report your arrest, you could still be penalized for non-compliance with probation terms because you were required to refrain from participating in criminal conduct during your supervision period.
Violation Review
When your DUI is reported, the Probation Office will review your case to determine how to move forward. It will take into consideration the seriousness of the offense and your circumstances and might have you held in custody, without the possibility of release, until the matter is resolved.
Potential Penalties
If you commit a probation violation, such as getting a DUI on probation, you will be scheduled for a court appearance, during which a judge will hear your case. If they find that you failed to comply with ordered conditions, they will determine how to sentence you.
The exact punishments you face depend on the specifics of your circumstances. The judge could let you off with a stern warning. However, your probation could be revoked, and you could be incarcerated for up to the maximum term for the offense for which you were initially convicted.
Judges have a great deal of leeway in how they respond to probation violations:
- You may be subjected to increased supervision: If the court decides not to revoke your probation, it may increase the level of supervision you are under. That means that you would likely have stricter conditions that you have to follow and you would be under closer monitoring and have more frequent check-ins.
- Your probation may be revoked entirely. If this happens, you will have to serve the remainder of your felony sentence. This usually means a period of incarceration in either jail or prison.
In addition to probation violation consequences, you will still have to contend with the DUI charges. A conviction on that charge can lead to new fines, a license suspension, mandatory alcoholism treatment programs and potential additional time behind bars.
This is why it is so essential to consult with a Scranton criminal defense attorney who can provide guidance based on the specific details of your case. They can help you understand the potential consequences of receiving a DUI on probation, build a defense strategy and navigate the legal process.
Schedule a free consultation with the Law Offices of William D. Thompson
If you were charged with an offense such as a DUI while on probation in Scranton, our attorney can provide the skilled legal advocacy you need. We have over 15 years of experience and know there are various defenses that can be brought up in these types of matters.
We’re ready to protect your rights and seek a favorable result on your behalf. Call us at 570-846-2819 or contact us online today.