DUI While on Probation

When committing a crime while on probation, especially in cases of DUI, the situation becomes complex and serious. This is particularly true in Somerset, where legal authorities pursue stringent consequences for repeat offenses. If your previous conviction includes a DUI charge and you face another for the same offense, the repercussions can be severe. Probation mandates strict rules, including a prohibition on alcohol consumption, and breaching these terms can lead to critical legal actions. Should you find yourself in this situation, it’s essential to contact a skilled Somerset criminal lawyer to help guide you through the case.

How the Legal Process Works During Probation

Facing arrest for a DUI while already on probation can initiate a fast-moving legal process. Here’s what typically happens during such cases:

• Immediate incarceration without the option for bond is possible in some circumstances.
• Your probation officer may revoke your probation by submitting an official statement detailing the violation.
• An experienced Somerset DUI attorney will work to negotiate with prosecutors and advocate on your behalf.
• You’ll have to face a trial for the new DUI offense, during which your attorney will aim to lessen the severity of sentencing despite the probation violation.
• The final stage involves sentencing, where penalties are determined based on the specific circumstances.

Understanding the legal system is vital to navigating DUI cases while on probation.

Three-Tier DUI System

Somerset follows a three-tier DUI system based on the Blood Alcohol Concentration (BAC) levels measured at the time of the offense. Here’s a breakdown of what each tier entails.

First Tier Offense (BAC 0.08% – 0.099%)

This category is for general impairment, the least severe offense level. Consequences might include:

• First offense: Up to six months of probation and a $300 fine. Attendance at an alcohol highway safety school and a treatment program may also be required.
• Second offense: Jail time ranging from 5 days to 6 months, a $300 to $2,500 fine, a one-year license suspension, and an Ignition Interlock Device (IID) installation for 12 months.
• Third offense: Penalties elevate to jail time between 10 days and 2 years, a $500 to $5,000 fine, a one-year license suspension, and mandatory IID installation for one year.

Second Tier Offense (BAC 0.10% – 0.159%)

Considered as a “high impairment” level, this tier comes with increased penalties, including the possibilities below:

• First offense: 2 days to 6 months of jail time, fines between $500 and $5,000, a one-year license suspension, and mandatory participation in a treatment program and alcohol highway safety school.
• Second offense: Jail time of 30 days to 6 months, fines from $750 to $5,000, a one-year license suspension, IID installation for 12 months, and mandated safety school attendance.
• Third offense: Jail time of 90 days to 5 years, fines between $1,500 and $10,000, an 18-month license suspension, and required IID installation for one year.

Third Tier Offense (BAC 0.16% and above)

The most severe DUI offenses fall under this tier and carry the harshest punishments for Somerset offenders.

• First offense: Jail time of 3 days to 6 months, fines starting at $1,000 and reaching up to $5,000, a one-year license suspension, and mandatory safety school and treatment program participation.
• Second offense: Fines ranging from $1,500 to $10,000, 90 days to 5 years of imprisonment, IID installation for 12 months, and 18 months license suspension.
• Third offense: Jail terms of 1 to 5 years, fines between $2,500 and $10,000, a license suspension period of 18 months, and mandatory IID installation.

These tiers highlight the gravity of repeated DUI offenses and underscore the importance of a skilled Somerset DUI attorney for your defense.

How to Handle a DUI Arrest

If you find yourself arrested for driving under the influence while on probation, take the following precautions to protect your legal rights:

• Avoid resisting arrest, as it can negatively impact your case.
• Do not admit to being intoxicated at the time of your arrest.
• Refrain from making statements until your Somerset criminal lawyer is present to guide you.

Careful navigation of the arrest process can greatly impact the outcome of your case.

How Your Attorney Will Assist

An experienced Somerset criminal lawyer will thoroughly assess your case and build a defense tailored to the circumstances. Depending on the case specifics, your lawyer will aim to get the charges dismissed or negotiate for a lighter sentence if a full dismissal isn’t feasible.

Some possible defense strategies include evaluating the legality of the traffic stop, disputing BAC test accuracy, or showcasing mitigating factors in your favor. Remember, each case is unique and requires a well-planned legal approach.

For a free consultation with a top-rated Somerset DUI attorney, contact us online or call us directly at (844) PITT-DUI. Safeguard your legal rights and ensure the best possible outcome for your case with our expert legal counsel.