What are the penalties for DUI while on probation? 13 Answers as of May 20, 2015

What am I facing for this new charge? I am on probation for a DUI. I got arrested for DUI with accident. Nothing major happened. There were no injuries. I hit a parked car.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your problem is likely less with the penalties for OWI than with your probation officer. If you did drive drunk, you probably violated your Rules of Probation. As to the courts, the fact that you were on probation would normally not, of itself, affect the penalty. The accident whilst driving drunk will likely drive the penalty up. The range of penalties depends upon just how much alcohol you had in your system, and how many prior convictions you have had. Talk to a skilled lawyer.
Answer Applies to: Wisconsin
Replied: 5/20/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
45-90 days in jail, suspension of license, and probation for 24 months, with other drug and alcohol conditions.
Answer Applies to: Georgia
Replied: 5/20/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
First, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. Second, a violation of probation means you have a maximum of 180 days (from the first DUI) that is hanging over you, not to mention the new charge, which requires mandatory jail time. You better call a lawyer to explore alternatives to pleading guilty.
Answer Applies to: California
Replied: 5/20/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Facing punishment for 2d DUI and punishment for probation violation
Answer Applies to: California
Replied: 5/20/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN you would be charged with a gross misdemeanor DUI which is punishable by up to a year in jail and/or a $3000 fine. You most likely will also have a probation violation because getting the new DUI violated the terms of your sentence in your first DUI.
Answer Applies to: Minnesota
Replied: 5/19/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    You could possibly be charged with a Felony Aggravated DUI if your license was still suspended or restricted at the time. If so, then you are facing prison time. If your license was completely reinstated with no restrictions then you are just facing jail time and at least 30 days in jail, depending on how high of a BAC both DUI's were. You should probably get an attorney for this one. As a warning, if you get a third one then it will be charged as a felony regardless of your driver's license status.
    Answer Applies to: Arizona
    Replied: 5/19/2015
    Law Office of Robert E McCall | Robert McCall
    Penalty is based totally on the Judge.
    Answer Applies to: Florida
    Replied: 5/19/2015
    Ty Wilson Law | Ty Wilson
    Worse case scenario you have your original probation revoked and spend the remainder of the time you had for probation in jail.
    Answer Applies to: Georgia
    Replied: 5/19/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The penalties for a first DUI are significant, a second DUI penalties are draconian. The fact that you are ready on a probation and have an additional charge is quite problematic. I would very strongly recommend that you engage an attorney as quickly as possible.
    Answer Applies to: Michigan
    Replied: 5/19/2015
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    The new charge can be prosecuted as both a probation violation on the first charge and a 2nd DUII within 5 years for the new one. You should contact a qualified DUII attorney immediately.
    Answer Applies to: Oregon
    Replied: 5/19/2015
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You could face up to 180 days in the county jail for violation of your probation in addition to the consequences of a second DUI conviction. The consequences are different depending on the county and the state.
    Answer Applies to: California
    Replied: 5/19/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    Every county and every case is different, you need an attorney. A new DUI will have all the regular new DUI penalties- so if this is your second DUI you would face all the second DUI penalties. You would not be able to get a restricted license this time so your license will probably be suspended for 1 year. If they cite you for 23154 then you could be facing 23152 and 23154 but that's unusual. Usually you are just facing the consequences of a second 23152.
    Answer Applies to: California
    Replied: 5/19/2015
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    In Utah, a second DUI within a 10 year period carries a 10-day jail sentence. However, you said you are still on probation for the original DUI. The judge from that case could revoke your probation and potentially add to your jail sentence. Talk to a lawyer about the details of your situation.
    Answer Applies to: Utah
    Replied: 5/19/2015
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