If you are on probation and have been arrested for a second criminal offense, the consequences can be very serious. You would not only be charged, if prosecutors decide to press charges, with a criminal offense for which you have been arrested, you will also be charged for a Probation Violation. Both charges are separate cases, and separate charges. Accordingly, they will both have separate consequences.
Let’s consider an example so that we can better walk through the concept.
About two years ago, David was arrested and convicted of a DUI. He entered a plea of guilty, served no jail time and was put on informal probation for three years. When David entered a plea of guilty, the Judge read him his rights and went over the terms of his sentencing, and asked David if he understood what he was pleading to. David stated on the record that he did understand and wanted to plea guilty.
Part of the terms of his probation was that he would not be arrested or charged with an offense within the three year period. He also agreed that he would not drive with any amount of alcohol in his blood stream. Usually on a first offense DUI, the blood alcohol level must be a level of intoxication, generally over .08. However, on a second time DUI, there can be no alcohol in the blood system.
David completed all of his alcohol rehabilitation classes, and paid all his fines. However, two years later, he was stopped for a DUI. He had only had one beer with his friends and was not intoxicated. He was fully able to drive a vehicle. Officers asked David if he had been drinking, and David replied that he was not intoxicated. They asked him to submit to an alcohol screening test, which he did and had a reading of .02 BAC. Officers arrested him and took him into custody. He was later charged with both a DUI and a Probation Violation.
David was charged with both offenses even though his blood alcohol level was not that high. On a second DUI offense, you can be charged with any alcohol in your blood system. It does not have to be a level of intoxication or over .08.
A Los Angeles DUI Lawyer has the experience and knowledge to help you out of a tough situation when you are facing a second offense DUI charge. They can negotiate with officers and prosecutors and discuss both charges. With a strong argument and proper facts and defense, a legal expert has a good chance of getting the charges reduced, or at least one of the charges dropped. If you find yourself in a situation where you are facing not only a criminal charge, but a probation violation, do not undermine the probation violation charge. It can result in additional sentencing and leave a permanent mark on your record. Do not hesitate, contact a Los Angeles lawyer today!