What Happens If You’re Charged with DUI in Prince William County While on Probation?
When you are on probation in Virginia, complying with the terms of your probation typically means staying away from alcohol and drugs and avoiding additional run-ins with the law. Driving under the influence (DUI) violates both of these terms. With this in mind, what happens if you’re charged with DUI while on probation? An experienced Prince William County DUI attorney explains:
Understanding the Consequences of Getting a DUI While on Probation in Virginia
If you get a DUI while you are on probation in Prince William County, you will be facing two separate legal issues. The first issue is your probation violation. While violating the terms of your probation can have serious consequences in any case, the consequences can be especially serious if your violation involves a DUI.
The second issue is your DUI itself. At a minimum, a DUI is a Class 1 misdemeanor under Virginia law. However, if you have a prior conviction on your record (i.e., if you are on probation for a previous DUI) or you are being accused of causing an accident while driving under the influence, you could be facing additional penalties. For example, under Virginia law, a second DUI within five years carries a mandatory minimum jail sentence of 20 days, and causing a serious or fatal accident can lead to a felony charge.
What Should You Do if You Get Arrested for DUI While on Probation in Prince William County?
So, in this scenario, what should you do?
1. Talk to a Prince William County DUI Attorney
First and foremost, you should talk to a Prince William County DUI attorney as soon as possible. You are facing several legal risks, and these risks can potentially have long-term consequences. Not only could you be facing jail time, fines, and other penalties, but probation violations and DUIs can have academic, professional, and other consequences as well.
A DUI attorney who has experience handling cases involving probation violations will be able to clearly explain the risks you are facing and the options that are on the table. An experienced DUI attorney will also be able to help protect you by all legal means available. Since you can schedule a free initial consultation, you have no reason not to talk to an attorney in this scenario.
2. Make Informed Decisions About How to Handle Your Situation
Once you talk to an attorney, you should rely on your attorney’s advice to make informed decisions about how to handle your situation. This includes making informed decisions about how to handle your probation violation and DUI cases. Again, while these are related, they are separate charges—and you will need to fight both charges in order to avoid unnecessary consequences.
3. Make Sure You Don’t Get Arrested Again
While you are on probation and facing charges in Prince William County court, you also need to be very careful to make sure you don’t get arrested again. Among other things, this means that you should not drive on a suspended license (a DUI arrest can lead to an automatic driver’s license suspension under Virginia law). If you get arrested again, not only will this constitute another violation of the terms of your probation, but it will also mean that you are facing yet another criminal charge.
4. Fight to Protect Yourself in Your Probation Violation Case
You should promptly begin working with your attorney to protect yourself in your probation violation case. In Prince William County, probation violations can have consequences including (but not necessarily limited to):
- Revocation of your probation (in which case you will be sent to jail)
- Extended probation
- Additional probation terms
Since your probation violation case is separate from your DUI case, you can face these consequences regardless of whether you end up getting convicted of DUI in court. For example, if consuming alcohol violated the terms of your probation, then you could be penalized for drinking regardless of whether you were driving drunk.
How can you fight your probation violation case? The answer to this question depends on the circumstances at hand. If you have been wrongfully accused of DUI, this is a very different scenario from committing a DUI while on probation. You will need to have open and honest discussions with your attorney about what happened, and then you will need to rely on your attorney to determine what options you have available.
5. Fight to Protect Yourself in Your DUI Case
You should promptly begin working with your attorney to fight your DUI case as well. In Prince William County, even a standard first-time DUI conviction can carry penalties including (but not necessarily limited to):
- Jail time
- Fines
- Driver’s license suspension
- Mandatory ignition interlock device (IID) installation
- Mandatory completion of the Virginia Alcohol Safety Action Program (VASAP)
While there are several potential defenses to DUI charges in Prince William County, here too, your options depend on the specific circumstances at hand. Did you get caught drinking and driving? Did the police violate your constitutional rights? Did your arresting officer improperly administer the breathalyzer? These are just a few examples of numerous questions that need to be answered.
The one thing you cannot afford to do when you get arrested for DUI while on probation is ignore your situation. If you do, you will face serious consequences. You need to ensure that you have a clear understanding of your situation and the risks you are facing, and you need to ensure that you are making smart decisions with your future in mind.
Schedule a Free Consultation with a Prince William County DUI Attorney Today
Did you get arrested for DUI while on probation in Prince William County? If so, we strongly encourage you to contact us right away. To schedule a free consultation with an experienced Prince William County DUI attorney as soon as possible, call us at 703-897-1777 or tell us how we can reach you online now.