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DUI While on Probation
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DUI While on Probation
Getting a DUI is bad enough, but getting one while you’re already on probation can lead to even more serious consequences. I know, it sucks and it’s scary, but don’t panic. Let’s walk through this situation together so you understand what’s going on and what to expect.
Probation 101
First, a quick probation refresher. Probation means you’re serving your sentence in the community instead of behind bars. The court is giving you a second chance to prove you can follow the rules. But it comes with a long list of conditions you have to comply with, like:
- Regular meetings with your probation officer
- Drug testing
- Staying within certain geographic limits
- Paying fines and fees
- Completing an alcohol education program
- Obeying all laws
That last one is the kicker. Getting a new DUI while on probation violates that rule about obeying all laws. And that means you’re now looking at your original punishment plus penalties for the new DUI. Let’s break it down.
Probation Revocation
When you get a new DUI on probation, your probation officer will file paperwork to revoke your probation. This starts the process to pull your probation and reinstate the original sentence. The judge will hold a probation revocation hearing to decide whether to revoke probation or give you another chance.
Evidence will be presented about the new DUI, like testimony from the arresting officer. You’ll have a chance to give your side of the story. But with the new conviction, probation revocation is very likely. According to Texas law, judges must revoke probation if you get convicted of a new offense punishable by jail time [1].
Original Sentence Reinstated
Once probation is revoked, you’ll have to serve the original sentence that was suspended. For example, if you were sentenced to 1 year in jail with 10 months probated, you’d now have to serve the full year. The judge also has discretion to impose additional jail time as a penalty for violating probation.
Fines that were probated may also be reinstated. You’ll likely have to pay new fines and fees too for the probation revocation on top of those for the new DUI.
New DUI Sentence
On top of reinstating the original punishment, you’ll also be sentenced for the new DUI conviction. The judge can order the sentences to run concurrently (at the same time) or consecutively (back-to-back).
For a first DUI in Texas, possible penalties include:
- Up to 180 days in jail
- Fines up to $2,000
- License suspension up to 1 year
- DUI education program
- Ignition interlock device
But a DUI while on probation is considered aggravated, so the judge can impose up to double the standard sentence [2]. That means up to 1 year in jail and fines up to $4,000 for a first offense.
Probation Again?
What if the judge decides not to revoke your probation? Then you’d stay on probation but likely have stricter conditions added. For example, more frequent drug testing, alcohol monitoring, or extending probation longer.
Can you get probation again for the new DUI conviction? Possibly, but it’s unlikely. Judges tend to lose patience with repeat offenses. Most will order at least some jail time. But your lawyer can argue for reinstating probation if you have a very compelling case.
Getting Legal Help
Trying to navigate probation revocation and a new DUI charge alone is scary and confusing. That’s why it’s critical to have an experienced DUI defense attorney represent you. They can help with strategies like:
- Fighting the new DUI charge if there are issues with the arrest
- Negotiating with the prosecutor to reduce or dismiss charges
- Presenting mitigating circumstances to persuade the judge against jail time
- Crafting probation terms you can successfully complete
- Getting permission for an ignition interlock device instead of license suspension
An attorney knows how to navigate the system and fight to protect your rights. Don’t go it alone. The consequences are too high. Take a deep breath and focus on finding the best legal representation. This situation is scary but manageable if you have an experienced lawyer guiding you.
You can get through this. It’s going to be okay.