Being pulled over and arrested for intoxicated driving can be a stressful ordeal. The matter becomes even more serious if you are charged while on probation for another DUI offense. Violation of probation is a separate charge that can expose you to incarceration.
If you face a DUI while on probation in New Britain, you need legal representation right away. At Ruane Attorneys, our legal team works to protect your rights and minimize the potential penalties you face. We could discuss defense strategies for both the DUI and probation violation charges in your case.
Typical Conditions of DUI Probation in New Britain
Usually, probation in the DUI context involves various conditions, including:
- A license suspension by the Department of Motor Vehicles
- An ignition interlock in any car the defendant drives for a period of time after their license is reinstated
- 100 hours of volunteer work
- Attendance at a victim impact panel run by the Mothers Against Drunk Driving (MADD)
- Substance abuse evaluation and treatment by a qualified therapist referred by the probation department or done independently
After a DUI in New Britain, a local attorney could explain a person’s conditions of probation to help them avoid violations.
Intoxicated Driving is a Probation Violation
Getting a DUI qualifies as violating a person’s probation, whether on probation for DUI, embezzlement, assault, or any other offense. Although a DUI might seem like a minor motor vehicle offense in Connecticut, it is a misdemeanor that carries potential prison time. The penalties associated with a DUI depend on whether it is a first, second, or third offense. A first-time offender faces up to six months in jail, a second offense could lead to a maximum of two years, and a third offense could lead to three.
If a person is on probation for any crime and picks up a DUI, they could face a jail sentence. Judges in Connecticut prioritize violations of probation cases, as they do not require a jury. The prosecution only needs to show that it is more probable than not that the person committed a violation. This is a lower threshold than the “proof beyond a reasonable doubt” involved in most other criminal cases, making it essential to work with a New Britain attorney when facing a DUI probation violation.
Can You Receive Probation for Violating Existing Probation?
If a person faces probation violation charges, it is possible to receive a continuation of the probation in rare cases. Often, these situations involve a person undergoing extensive drug or alcohol rehabilitation who has violated their probation for a minor reason. The judge may decide to keep the person on probation up to the statutory maximum time, even though they have technically violated their terms.
However, DUI is often treated as a much more severe probation violation, making it important to seek legal counsel from a New Britain lawyer. If a person on probation is acquitted in their DUI case, they will continue their probation. Defending drunk driving charges with an attorney is often the best way of avoiding serious penalties for violating probation.
Call a New Britain Lawyer for DUI and Probation Violation Charges
If you face a DUI while on probation in New Britain, you need an attorney to protect your rights and minimize the impact on your future. Probation violations are separate charges that can lead to incarceration in addition to the penalties you face for alleged intoxicated driving.
Contact Ruane Attorneys today to discuss your situation and learn your legal options. A consultation with a member of our team is the first step in seeking a positive resolution to your case.