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Maryland DUI While On Probation Lawyer

Being charged with drunk driving while already on probation could be an overwhelming experience. Those who have been accused of driving under the influence (DUI) could face severe consequences if convicted, including jail time.

Given that such cases involve multiple criminal charges, it may be crucial for defendants to contact a Maryland DUI while on probation lawyer. A seasoned DUI attorney could explain your rights and build a defense case on your behalf.

Consequences of Drunk Driving While on Probation

A person charged with a DUI while on probation for a prior offense will face the similar consequences of a standard DUI charge. They will get a court date at which time the state will have some evidence to address those charges and discuss how they choose to proceed. The defendant will also likely face the charge with a violation of probation. Since one of the most standard conditions of probation is to stay out of trouble and not pick up any new charges, a DUI would likely be considered a violation.

In certain cases, the court will simply ask the person to come in for a hearing, and sometimes, they will not. If they have a court date, they will have to answer the allegations. The court could issue an arrest warrant, have them arrested and held in jail or have to post a bond to be released as they await their probation hearing.

When the person has a probation hearing, technically just the charge alone may be enough to violate the person. Most judges will wait to see if the person was convicted. If a person is charged, they are considered innocent until proven guilty. Even if the person is found not guilty or acquitted, or even if the DUI case is dropped, the State could still pursue a probation violation.

If the new DUI charge gets dismissed, resolved without a conviction through a Diversion Program, goes to trial and the person is acquitted, or if there is no conviction, the State will usually withdraw or dismiss the probation violation. They will accept the fact that there was no proof of unlawful conduct and will not pursue any violation. If the person is convicted with a new DUI, it will most likely be considered a violation of probation. The individual will face some form of sanction. A diligent DUI while on probation attorney in Maryland could help individuals understand what the repercussions of their charges may be.

How the Type of Probation Impacts a DUI While on Probation Charge

Procedurally, the process of a DUI would be the same for all individuals. However, the person charged with a DUI while on probation for another offense would have violated the terms of their supervision, or the court could wait to see what happens in the most recent case. There are several differences between someone who is charged with a DUI while on probation and for a previous offense. If a person receives an additional driving under the influence charge while on probation for DUI, the court is going to be more concerned with a repeat offense. The court will be more inclined to issue an arrest warrant rather than a summons which merely asks the person to come to court.

Conditions of release are going to be stricter for a repeat offender while they await a probation hearing. They will most likely face a higher bail. If the person ends up being convicted of a new DUI, the consequences will be more severe. Anytime somebody re-offends and is convicted of a new crime while on probation, judges, the courts, and the prosecutors treat those situations very seriously. If it is the same offense, like a DUI, the court feels that the person has not learned their lesson. A person may have to serve all of their sentence suspended or may receive a significant amount of jail time in most situations. No matter which probation a person is alleged to have violated by drinking and driving, a DUI while on probation attorney in Maryland could help them.

Receiving Probation for Violating Existing Probation

A person could receive probation for violating an existing probation. If a person is found to have violated their probation, they will be sentenced. The person’s original conviction will limit the nature of that sentence. For example, in most DUI cases in Maryland, the person will receive a one-year suspended sentence for a first offense. While they will receive a one-year jail sentence, the entirety of that jail sentence is suspended. They do not serve any time in jail.

If they are found to have violated probation, the judge may sentence that person up to any remaining time on their sentence (up to one year). The judge could not sentence that person to serve any more time than that. The person could be sentenced to serve the full time in jail, or whatever the court deems just under the circumstances.

The person could receive no jail time but could receive:

  • Increased restrictions
  • More conditions of probation
  • Required to participate in an inpatient alcohol rehabilitation program

If the person was previously required to participate in an outpatient alcohol rehabilitation program, they may then be required to participate in an inpatient program and continue on probation. They could receive a probationary sentence for the violation. Often, the person will receive some additional jail time at a minimum.

Typical Conditions of Probation

The standard conditions of probation are not to commit any new offenses and to notify the probation agent of any travel. For a DUI case, they cannot drive if there are any restrictions or suspensions on their driving privileges. A standard condition is to not drive after consuming any alcohol or drug, even if they are over 21 and would otherwise be legally allowed to drive with a small amount of alcohol in their system, as long as they are not impaired or over the limit. A standard probation condition for a DUI offense is a zero-tolerance policy. They are not allowed to drive with any alcohol in their system.

Depending on the nature of the DUI offense and the amount of alcohol that was in a person’s system, they may be required to drive with an Ignition Interlock System on their vehicle. This device is essentially a breathalyzer machine that requires the driver to blow into the breathalyzer and provide an alcohol-free breath sample for the engine to start. That is not standard in every single DUI offense, but especially for people with multiple offenses or who have high alcohol content in their system.

The Seriousness of a DUI While on Probation

A DUI while on probation is always a serious matter. A lot of it depends on what the original offense was when placed on probation. If the original offense was alcohol or drug-related, or if that person was found with alcohol or drug use as a contributing factor, then a DUI while on probation for that offense will raise the court’s concerns. It will likely result in an increased sentence and increased penalties in conjunction with the new DUI. As an experienced attorney could explain, circumstances in which this could occur may include:

  • If there was an accident
  • If the person had a significantly high or abnormally high amount of alcohol in their system
  • If the person was resisting arrest or uncooperative with law enforcement.

Any of these factors could increase the seriousness of the situation.

Consequences of a Conviction

There are no specific enhancements for a driving under the influence sentence if the DUI was committed while on probation. But it is a factor that the judge is going to consider at sentencing, and it is going to increase the penalties. The increased penalties could be in jail time or increased restrictions on a person’s driving privileges as part of probation. It could include other increased responsibilities for the person while on probation as well. There is no automatic or specific way that the penalty would be increased; no specific statute or sentencing guidelines that apply to DUIs committed while on probation for another offense. The fact that a person was on probation and committed a DUI will lead to increased penalties when the person is sentenced.

A Hard-Working Attorney Could Help Fight DUI While on Probation Charges

Charges of drunk driving while on probation could have numerous consequences on a person. Defendants who were already under supervision could find themselves facing harsher penalties in court. It may be crucial for you to contact a Maryland DUI while on probation lawyer. A diligent attorney could explain how your charges may play out in court and could fight for you.

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