Depending on the nature of a DUI case, and the skill of an experienced legal professional, a defendant may be offered an option of adhering to a court order of probation. A defendant has the option of either accepting or denying this offer, but accepting would likely decrease or completely prevent a defendant from spending time and jail and paying costly fines. Therefore, most people who are offered this option are more than happy to accept it, even if the length of the probation period does last for a number of years.
Conditions for Probation
In cases when a person is convicted of a DUI, general probationary terms are also imposed as a part of the standard penalties associated with this offense. Any other criminal violations committed after this court order - with the exception of traffic violations - are considered a violation of probation. Also, active probationary terms that require a defendant to perform actions such as paying costly fines and fees, going to driving school courses, and attending drug and alcohol treatment sessions must be fulfilled in order to successfully complete a probationary period. Failing to comply with these terms or any additional terms ordered by the court could lead to a violation of probation.
Each state has their own stipulations regarding DUI probation terms. In order to get a coherent understanding of what could constitute a violation of probation in Pennsylvania, here are a few of the common standard conditions that must be upheld by a defendant:
- He or she must not violate any laws (besides traffic violations)
- He or she must not drive with any measurable amount of drugs and alcohol in his or her system
- He or she must not get another DUI or any other related offenses involving a motor vehicle and drugs and alcohol
- He or she must not operate a vehicle without an authorized driver's license or insurance
- He or she must meet with DUI probation officer periodically
- He or she must appear to all scheduled court appearances on set dates and times
Pennsylvania Penalties for a DUI Probation Violation
The penalties for violating a DUI probation violation will vary based on the severity of the violation and the nature of a case. There are no set guidelines as to what exactly will happen in the event that a DUI probation is violated, these decisions are completely up to the discretion of a judge. In some cases, judges have been known to completely revoke the violation and impose a jail sentence and other standard DUI penalties. While in other cases, defendants may be ordered to undergo a lengthier probation period with additional conditions.
Experienced Philadelphia DUI Defense Attorney
If you or someone you know has been charged with violating a DUI probation, you should immediately consult with a knowledgeable attorney. A legal professional will be able to help you reduce the severity of your punishment or completely disprove your probation violation. Don't further sabotage your driving privileges and freedom by representing yourself. Let a skilled attorney who is well-versed in the complexities of state DUI law lead you to a favorable outcome. Contact attorney Joseph D. Lento today for help.