What affect will a DUI have on my probation? 9 Answers as of February 24, 2012

I am on probation for prescription medication that was stolen from me. I've been on probation for 31 months with 4 month's to go. I got a DUI a few nights ago, clipped a car when parking. I am very fortunate that nobody was hurt or killed. I am working a good job, paying child support, seeing my son every other weekend, I made a huge mistake, I know I cannot drink my problems away. Please Help!

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, a DUI will likely result in a violation of your previous probation, because a DUI is at the minimum a misdemeanor, which is a criminal offense. The DUI should probably be your primary concern now. Consider hiring a DUI specialist ASAP, because certain aspects of a DUI (ie. DMV) require timely action.
Answer Applies to: California
Replied: 3/3/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If you are on probation, a new charge is a violation that could revoke probation, in addition to the penalties for the DUI. Since the original probation was for a drug charge, and your new charge is a drug charge [alcohol], you should be worried. Effective plea-bargaining by your attorney, using whatever legal defenses, facts and sympathies you may have, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence.

If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 2/25/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The arrest is most certainly a violation of your probation. Whether your P.O. takes action on it is another matter. That will depend on a number of factors including: who he is how your performance has been. whether you have prior convictions for drug or alcohol abuse etc. You could use the assistance of a good lawyer. We handle many such cases. For more info or to obtain a quote call Tom Mueller.
Answer Applies to: California
Replied: 2/25/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
The probation department may well file a probation violation against you which could be very serious if you are on felony probation. I would retain an attorney and maybe enroll in a alcohol program before you are taken to court.
Answer Applies to: California
Replied: 2/25/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
There is no question that the court CAN revoke you for the DUI by revoking your probation and sentencing you to up to the original sentence. There is no question that you need an experienced DUI lawyer who practices regularly in that court to save your butt. If you don't know anyone, a good source is usually the public defender. Call their office and ask to speak to the Duty Person (each day or week they rotate). When you are connected tell them you have a DUI problem which may well result in your prior conviction being revoked. Don't tget into all your problems, etc as they don't have time for it. Simply ask, who do you think are the two or three best DUI (and or criminal) lawyers in this county.
Answer Applies to: California
Replied: 2/24/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Is the current charge in the same Court as the previous conviction? It is possible that the Court will use the current case as a probation violation, and issue consequences for that. The consequences can differ depending on what the terms of your sentencing from the earlier case consisted of. I would recommend hiring an Attorney to handle your DUI case. Then, if there ends up being a conviction on the current charge that leads to a probation violation, have your attorney assist you on that matter to negotiate a good plea agreement. Call me to discuss in further detail, or view my website www.1DUILawyer.com . It would be easier to discuss the potential issues via phone, once there was a more in depth conversation about your previous case.
    Answer Applies to: California
    Replied: 2/24/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Hire an attorney as soon as you can. Also contact the DMV within 10 days of the date of the arrest to schedule your DMV hearing. You are looking at a probation violation as well as a new case for DUI and possibly hit and run depending upon the facts.
    Answer Applies to: California
    Replied: 2/24/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Another offense is a violation of probation.
    Answer Applies to: California
    Replied: 2/24/2012
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