Philadelphia County DUI Probation Violation

If you were granted probation for a DUI conviction but later are accused of violating it, you could face jail time for the violation. Philadelphia DUI defense attorney Joseph D. Lento has handled many violations of probation hearings (VOP hearings) for his clients. If you have been accused of violating your DUI probation, contact Joseph D. Lento today to get started on your defense. Time is of the essence because if you contact attorney Lento before the VOP hearing, he can help reduce the consequences and negotiate alternatives to any potential incarceration due to the violation.

What constitutes a DUI probation violation in Philadelphia?

There are two basic ways you can violate your DUI probation in Philadelphia: 

  1. You could violate the terms or conditions of your probation -- this is known as a technical VOP; or
  2. You could be arrested for and subsequently convicted of another crime -- this is known as a direct VOP. 

Technical Violation of a DUI Probation

A technical violation of a DUI probation basically means you failed to comply with probation terms. Examples of ways you could violate the terms can include:

  • You may regularly test positive for drugs or alcohol.
  • You may have been caught driving someone else's car to avoid the ignition interlock device on your vehicle.
  • You may have failed to report to your probation officer.
  • You may not have attended a court-ordered drug or alcohol program.
  • You may have failed to find employment.
  • You may have failed to pay a fine or fee. 

Any of these violations can get you into trouble. Your probation officer has a lot of discretion when it comes to charging you with a violation. Once charged, you can be arrested. At the VOP hearing, the judge and not a jury will determine if you violated the terms of probation and if so, the judge has considerable leeway with sentencing, which could include:

  • An order to continue probation;
  • A new sentence with additional probation and modified terms; or 
  • Incarceration for a period not to exceed the maximum for your DUI conviction.

Direct Violation of a DUI Probation

Direct probation refers to a violation of probation when you have been convicted of another crime. That crime could be another DUI or it could be petty theft -- all that matters is that you were convicted of another crime while on DUI probation. 

Direct violations can be particularly serious because there is the potential the judge will order a detainer. If so, you will not be released from jail or prison until the detainer is lifted and typically that could mean the duration of your new case, which could be months. 

With that said, the stakes are high if you violate your probation, whether it's by a technical reason or by a new arrest

Contact a DUI Probation Violation Defense Attorney Today

With more than 15 years defending his clients in Pennsylvania, Joseph D. Lento has the insight and resources to develop an aggressive and smart approach to your case. He understands the law and knows how to use it to maximize your chances of an outcome most favorable to you. Contact the Lento Law Firm today either online or at 215-535-5353 to set up a consultation and learn more about how Joseph D. Lento may be able to help you.

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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