DUI While on Probation

Committing a crime while on probation for a previous offense in Harrisburg can quickly complicate your legal situation. Prosecutors often pursue the maximum penalties in these scenarios. If your original violation was a DUI and you are arrested again for the same charge, the fallout can be devastating. The legal system in Pennsylvania generally prohibits alcohol consumption during probation, meaning any violation can lead to harsh repercussions. If you find yourself in this predicament, contacting a qualified federal criminal lawyer immediately is essential to navigate the charges effectively.

How the System Works During Probation Period

When you are arrested for a DUI while on probation, the legal process moves quickly toward a potential conviction:

• You may face immediate jail time with no option for release on bond.
• Your probation officer will likely revoke your probation by filing a violation statement.
• Your Harrisburg DUI attorney will need to negotiate aggressively with the prosecution on your behalf.
• You will face a trial for the new DUI charge, where your lawyer will work to minimize the sentence, keeping the probation violation in mind.
• The final step in the process is sentencing.

Three-Tier System

In Dauphin County, DUI cases operate under a three-tier system based on the defendant’s blood alcohol concentration (BAC).

First Tier Offense

A BAC level between 0.08% and 0.099% is classified as General Impairment, the lowest level of offense. Potential penalties include:

• First offense: Probation for up to six months and a $300 fine. The court may also order a treatment program and attendance at alcohol highway safety school.
• Second offense: Jail time between 5 days and six months, a fine of $300 to $2,500, a one-year license suspension, and an Ignition Interlock Device (IID) for one year.
• Third offense: Jail time between 10 days and two years, a fine of $500 to $5,000, a one-year license suspension, and an IID for one year.

Second Tier Offense

For a BAC between 0.10% and 0.159%, considered High Impairment, penalties escalate. You might need a Harrisburg federal criminal lawyer to help mitigate these consequences:

• First offense: Fines from $500 to $5,000, jail time of two days to six months, a one-year license suspension, mandatory treatment, and alcohol highway safety school.
• Second offense: Jail time of 30 days to six months, a one-year license suspension, fines of $750 to $5,000, mandatory treatment, alcohol highway safety school, and an IID for one year.
• Third offense: Jail time of 90 days to 5 years, fines from $1,500 to $10,000, an 18-month license suspension, mandatory treatment, and an IID for one year.

Third Tier Offense

A BAC of 0.16% or higher is considered Highest Impairment and carries the most severe penalties:

• First offense: Potential jail time of 3 days to 6 months, fines between $1,000 and $5,000, a one-year license suspension, mandatory treatment, and alcohol highway safety school.
• Second offense: Jail time of 90 days to 5 years, fines from $1,500 to $10,000, an IID for one year, an 18-month license suspension, mandatory treatment, and alcohol highway safety school.
• Third offense: Severe penalties including imprisonment for one to five years, fines between $2,500 and $10,000, an 18-month license suspension, and mandatory IID installation for one year. Consult a Harrisburg DUI attorney for guidance.

How to Handle The Situation on the Road

• Do not resist arrest, as this can worsen your situation.
• Avoid admitting that you are intoxicated.
• Do not provide any statements without the presence of your Harrisburg federal criminal lawyer.

How Would Your Lawyer Defend You

To ensure a strong defense, trust a skilled attorney from Logue Law Group to analyze the charges and build a solid strategy. Your lawyer will investigate every avenue to have charges dismissed or negotiate for a reduced sentence in serious cases. Every DUI probation case is unique and requires a tailored defense.

For a free consultation with one of our experienced Harrisburg DUI attorney professionals in the Dauphin County area, contact us online today or call 412-387-6901. We are dedicated to protecting your rights and peace of mind.