DUI While on Probation

Committing a crime while already on probation for a previous offense can complicate your legal standing significantly, especially in Morgantown. In these scenarios, prosecutors often pursue the harshest penalties available. If your prior offense involved driving under the influence (DUI) and you are arrested again for the same charge, the fallout can be devastating. The legal system strictly forbids alcohol consumption during probation, meaning any violation can lead to severe repercussions. If you find yourself in this predicament, contacting a qualified legal professional immediately is vital to help you navigate the charges.

How the System Works During the Probation Period

When you are arrested for a DUI while on probation, the conviction process begins almost instantly:

• You may face immediate incarceration with no possibility of release on bond.
• Your probation officer will file a statement documenting this new violation, effectively revoking your probation.
• Your Morgantown criminal lawyer will need to utilize their negotiation skills to advocate on your behalf with the prosecution.
• You will face a trial for the DUI, where your attorney will work to reduce the potential sentence in light of the probation violation.
• The final stage of the process involves sentencing.

Three-Tier System

In Berks County and throughout Pennsylvania, DUI cases are categorized under a three-tier system based on the accused’s blood alcohol concentration (BAC) levels.

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 fine of $300. The court may also mandate a treatment program and attendance at an alcohol highway safety school.
• Second offense: Imprisonment ranging from 5 days to six months, fines between $300 and $2,500, a one-year license suspension, and the installation of an Ignition Interlock Device (IID) for one year.
• Third offense: This can lead to imprisonment for 10 days to two years, fines of $500 to $5,000, a one-year license suspension, and IID installation for one year. Consult a Morgantown DUI attorney for guidance.

Second Tier Offense

A BAC between 0.10% and 0.159% is considered High Impairment. Penalties for this tier include:

• First offense: Fines from $500 to $5,000, jail time between two days and six months, a one-year license suspension, a mandatory treatment program, and alcohol highway safety school.
• Second offense: Jail time of 30 days to six months, a one-year license suspension, fines between $750 and $5,000, a mandatory treatment program, alcohol highway safety school, and an IID for one year.
• Third offense: Strict penalties apply, including imprisonment for 90 days to 5 years, fines from $1,500 to $10,000, an 18-month license suspension, a mandatory treatment program, and IID installation for one year. A skilled Morgantown criminal lawyer is essential here.

Third Tier Offense

A BAC of 0.16% or higher is classified as the Highest Impairment, carrying the most severe punishments:

• First offense: Possible jail time from 3 days to 6 months, fines between $1,000 and $5,000, a one-year license suspension, a mandatory treatment program, and alcohol highway safety school.
• Second offense: Imprisonment for 90 days to 5 years, fines ranging from $1,500 to $10,000, IID installation for one year, an 18-month license suspension, a mandatory treatment program, and alcohol highway safety school.
• Third offense: Serious consequences include 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. You will need a Morgantown DUI attorney to fight these charges.

How to Handle The Situation on the Road

• Do not resist arrest, as resistance can be used against you in court.
• Avoid admitting that you are intoxicated.
• Do not make any statements without the assistance of your attorney.

How Your Lawyer Will Defend You

To ensure a comprehensive defense, rely on the experienced team at Mountaineer Law Group. They will carefully evaluate the charges against you and develop a robust legal strategy. Your Morgantown criminal lawyer will explore every available avenue to have the charges dismissed or, in more severe cases, negotiate for a lighter sentence. Remember, every DUI probation case is unique and requires a tailored approach.

For a complimentary consultation with one of our respected attorneys in the Morgantown area, reach out to us online today or give us a call at (304) 381-3656. Your legal rights and peace of mind matter to our Morgantown DUI attorney.