DUI While on Probation

Finding yourself in Erie County and facing new charges while on probation can make an already complex situation even more challenging. Prosecutors in such cases often pursue the harshest penalties. This is especially true if your prior conviction was for a DUI offense and you’re now arrested for the same violation. Probation strictly prohibits alcohol consumption, and violations can lead to severe consequences. If you’re dealing with this, contacting an experienced Erie DUI attorney from the Logue Law Group is critical to protecting your rights and navigating this difficult situation.

How the Legal System Works During Probation

Getting arrested for a DUI while on probation initiates a legal process that moves swiftly. Here’s what typically happens:

• Immediate incarceration is possible without the option to post bond.
• Your probation officer may revoke your probation by filing a motion outlining your new violation.
• A skilled Erie criminal lawyer will advocate on your behalf, negotiating with the prosecution to seek a better outcome.
• You will face a DUI trial while your attorney works to minimize sentencing in light of the probation violation.
• If convicted, a sentencing hearing will take place to determine your penalties.

Understanding the Three-Tier DUI System

Like the rest of Pennsylvania, Erie County uses a three-tier DUI system based on Blood Alcohol Concentration (BAC) levels. These tiers help determine the severity of punishments.

First Tier Offense

• BAC: 0.08% to 0.099% (General Impairment)
• Penalties:
  • First Offense: Probation of up to 6 months, $300 fine, mandatory alcohol highway safety school, and possible treatment programs.
  • Second Offense: 5 days to 6 months of imprisonment, $300-$2,500 in fines, 1-year license suspension, and mandatory Ignition Interlock Device (IID) for 1 year.
  • Third Offense: 10 days to 2 years of imprisonment, $500-$5,000 in fines, 1-year suspension, and IID installation for 1 year.

Second Tier Offense

• BAC: 0.10% to 0.159% (High Impairment)
• Penalties:
  • First Offense: 2 days to 6 months of imprisonment, $500-$5,000 in fines, 1-year suspension, treatment program, and alcohol highway safety school.
  • Second Offense: 30 days to 6 months in jail, $750-$5,000 in fines, 1-year suspension, treatment program, and IID installation for 1 year.
  • Third Offense: 90 days to 5 years of imprisonment, $1,500-$10,000 in fines, 18 months suspension, treatment, and IID for 1 year.

Third Tier Offense

• BAC: 0.16% and above (Highest Impairment)
• Penalties:
  • First Offense: 3 days to 6 months of imprisonment, $1,000-$5,000 in fines, 1-year suspension, treatment program, and alcohol highway safety school.
  • Second Offense: 90 days to 5 years in jail, fines of $1,500-$10,000, 18 months suspension, treatment program, and IID for 1 year.
  • Third Offense: 1 to 5 years of imprisonment, $2,500-$10,000 in fines, 18 months suspension, and mandatory IID installation for 1 year.

Handling the Situation on the Road

If you’re pulled over or arrested while on probation for DUI:

• Do not resist arrest. Resisting can worsen your situation in court.
• Avoid admitting intoxication. Any statements can be used against you.
• Decline to make statements without the guidance of your Erie criminal lawyer.

How a Lawyer Can Help Defend You

An experienced Erie DUI attorney at the Logue Law Group will thoroughly review your case, ensuring every element of the charges is carefully assessed. A strong defense strategy will be tailored to your unique circumstances, aiming to get your charges dismissed or reduced. Where dismissal isn’t possible, your lawyer will work to negotiate lighter penalties and emphasize any mitigating factors.

Why Choose a Logue Law Group?

The stakes are higher when a new DUI charge occurs on probation, requiring expert legal representation. At the Logue Law Group, our team of trusted Erie criminal lawyers is dedicated to protecting the rights of clients in Erie County. We have extensive experience in handling DUI cases and probation violations, ensuring the best possible outcome for your situation.

Don’t face this alone. Get the advice and representation you need. Contact us at (844) PITT-DUI or online to schedule a complimentary consultation. Your legal rights and peace of mind are our priority.