Probation is a legal arrangement that allows individuals who have committed a crime to remain in the community under the supervision of a probation officer rather than serving time in jail. Probation is often given as an alternative to incarceration, provided the individual meets certain conditions. One of the most common conditions of probation is to abstain from drugs and alcohol. Thus, getting a DUI while on probation in Manhattan directly violates probation terms.
When you find yourself in this situation, you should retain the legal services of an experienced DUI defense attorney as soon as possible.
Typical Conditions of Probation
Some of the most common conditions of probation in Manhattan include:
- Abstaining from alcohol
- Avoiding certain areas
- Getting a drug and alcohol evaluation
- Following any recommendations from the beforementioned evaluation
- Meeting with a probation officer once a month
- Passing drug and alcohol tests
Getting a DUI in Manhattan qualifies as a probation violation because not consuming alcohol is a condition. Therefore, even if a person is acquitted in a DUI case, they may still face revocation for violating the terms of their probation.
The Impact of DUI Charges While on Probation for a Prior Offense
When a person is charged with a DUI in Manhattan while on probation for a previous offense, the usual response is to revoke the prior offense and charge them with a second offense DUI, along with the revocation for the last offense. If the person has had more than one prior offense, the first and second offenses are misdemeanors, and the third offense is a felony.
Whether the person is on probation for a previous DUI or a different offense, violating the law and getting a DUI while on probation will lead to the revocation of their probation. This can significantly impact their case, as the defense attorney will have to deal with not only the new DUI case but also the potential consequences of the probation violation.
When a person violates their existing probation, they will be revoked and likely have to serve some time before being placed back on probation. However, if they commit a new DUI offense, probation is not an option, and they will have to serve a minimum sentence before being placed on probation for the remainder of the jail sentence.
Discuss Your Legal Options Following Being Charged With a DUI While on Probation with a Manhattan Attorney
Getting a DUI while on probation in Manhattan can have serious consequences. Violating the conditions of your probation may result in the revocation of probation and a return to jail or prison. Therefore, when you are on probation and facing a DUI charge, you need to seek legal advice from a seasoned defense attorney as soon as possible.
A diligent legal professional could fight for your rights and work towards a favorable resolution to your case, given the circumstances. Schedule a consultation with a well-practiced lawyer today to better understand your legal options and the possible outcomes of your case.