For some, a single DUI-OVI conviction is a sufficient “wake-up” call for the driver to reform their behaviors.
These are the individuals who will likely never have another DUI-OVI charge again in their lives. But for others it is hard to shake their demons and escape their destructive behaviors. These individuals may find themselves in the unfortunate position of being charged with committing DUI-OVI while they are on probation for another DUI-OVI offense. Not only is the driver now faced with the possible penalties and consequences of a second or subsequent DUI-OVI, but there may be consequences for violating the probation as well.
What Can Happen if I’m on Probation and I Get a DUI-OVI?
If you are charged with a new DUI-OVI offense while you are on probation, the type of your probation will determine what your first steps will be. If you are on a reporting probation (that is, you report regularly to a probation officer), you may have to let your probation officer know of your new charges. You should review your probation paperwork with an attorney to understand your exact obligations, including whether you need to report the charges to your probation officer. If you are on a “paper based probation” (that is, you do not regularly report to a probation officer), you may not need to report the new charges unless and until you are later convicted of them. In either case, a new DUI-OVI charge may be a violation of your probation and may result in your probation being revoked by the court.
If your probation is revoked, any jail or prison time that was suspended can be imposed. For instance, if the court suspended three months of jail time at the time you were sentenced, the court could impose that sentence after revoking your probation, requiring you to serve the three-month jail sentence.
How Can My New Charges Be Impacted?
Getting a DUI-OVI charge while on probation for the same offense can also negatively impact your chances of receiving a favorable sentence for your new conviction. For instance, the court can find that you are not a good candidate for probation based on your past performance and decide to sentence you to jail or prison instead. If the court does place you back on probation, it may impose more restrictive conditions on you.
Contact an Experienced Columbus DUI-OVI Lawyer
If you find yourself charged with a new DUI-OVI offense while still on probation for a DUI-OVI offense, you are in a perilous predicament. Not only are you facing an enhanced sentence in your new DUI-OVI case, but any suspended jail sentence in your earlier case can be imposed. You need immediate assistance from the Columbus DUI-OVI defense firm of Suhre & Associates, LLC. We will fully investigate the facts of your case; in some cases, a verdict of not guilty as to your new charges may result in the dismissal of any action to revoke your probation. Contact Suhre & Associates, LLC today at (614) 827-2000.