When a person is charged with a DUI in Atlanta and is already on probation for prior offenses, it is likely that they will spend a considerable amount of time in jail. Generally, when a person is convicted of a DUI, one of the conditions of probation is that the person does not consume alcohol.
Regardless of whether the person is convicted of the DUI, they can violate their probation for consumption of alcohol. When this occurs, the person should expect a jail sentence and significant rehabilitation for alcohol. If you have are facing a DUI charge while on probation in Atlanta, it is important to consult with an experienced Atlanta DUI lawyer as soon as possible. An attorney can work to reduce or dismiss any consequences you may be facing.
Violations of Probation
The response to an individual’s Atlanta DUI when they are on probation depends on the reason for the probation. If the person is on probation for a felony, the DUI may not be significant. When a person is on probation for a DUI in Atlanta and subsequently offends with another DUI, they should expect significant jail time.
When a person gets a DUI while on probation that puts them in jail, they may be dealing with their case from jail or some sort of rehabilitation program. The penalties are more severe because the person must deal with the probation violation as well as the new offense.
A person does not get arrested for violation of probation after receiving an Atlanta DUI charge; probation cannot be extended. But the probation can be revoked and later reinstated and the person must continue to report on probation.
The penalties associated with getting a DUI while on probation in Atlanta depend on how much time is left on the probation. The judge can revoke the maximum amount of time the person has left while on probation and put the person in jail.
Conditions of Probation
Typical conditions of probation include no alcohol, no drugs, random screens, community service, DUI school, reporting to probation as directed, alcohol and drug treatment and courses, and a suspended license.
Receiving an Atlanta DUI while on probation is a serious matter because the person faces jail time. Being charged with the DUI alone puts someone on probation at risk to have the balance of their probation revoked for the existing DUI case.
Probation After an Acquittal
Any new arrest could be a violation of probation as could the consumption of any alcohol. In such circumstances, an individual can challenge any charges that may be associated with their Atlanta DUI.
A person’s DUI case and the conditions of probation, however, have little to do with each other. The standard to violate somebody’s probation is a preponderance of the evidence. The standard to convict someone of a DUI is beyond a reasonable doubt. The standards are different from each other. The person can be found not guilty of the Atlanta DUI, but still be in violation of their probation.