DUI While on Probation

If you commit a crime in Wheeling while already on probation for another offense, the situation can quickly become complex. Prosecutors will likely pursue the most severe penalties possible in these circumstances. If you were previously charged with a DUI and are arrested again for the same offense, the consequences can be particularly harsh. The legal system strictly forbids consuming alcohol while on probation, and any violation can lead to significant penalties. If you find yourself in this position, it is vital to contact a skilled lawyer right away to help you navigate the charges.

How the System Works During the Probation Period

After being arrested for a DUI while on probation, the legal process begins to move quickly:

• You could be incarcerated immediately with no opportunity for release on bond.
• Your probation officer will likely file a statement detailing your new violation, leading to the revocation of your probation.
• The negotiation skills of your Wheeling criminal lawyer will be crucial as they represent your interests with the prosecution.
• You will face a trial for the new DUI charge, and your attorney will work to lessen the sentence, taking the probation violation into account.
• The final stage of this process is the sentencing.

Three-Tier System

In Wheeling, DUI cases are categorized using 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 least severe DUI offense. The penalties you might face include:

• First offense: Up to six months of probation and a $300 fine. The court might also order you to complete a treatment program and attend an alcohol highway safety school.
• Second offense: Imprisonment for 5 days to six months, a fine between $300 and $2,500, a one-year license suspension, and the requirement to install an Ignition Interlock Device (IID) in your vehicle for one year.
• Third offense: A prison sentence of 10 days to two years, a fine ranging from $500 to $5,000, a one-year license suspension, and the installation of an IID for one year.

Second-Tier Offense

A blood alcohol concentration between 0.10% and 0.159% is considered high impairment. A Wheeling DUI attorney can explain that the following punishments may be applied:

• First offense: Fines from $500 to $5,000, a jail term of two days to six months, a one-year license suspension, a mandatory treatment program, and attendance at an alcohol highway safety school.
• Second offense: Imprisonment for thirty days to six months, a one-year license suspension, fines between $750 and $5,000, a mandatory treatment program, attendance at an alcohol highway safety school, and the installation of an IID for one year.
• Third offense: Severe penalties, 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 the installation of an IID for one year.

Third-Tier Offense

Having a blood alcohol concentration of 0.16% or higher is categorized as the highest level of impairment and comes with the most severe punishments. With the help of a Wheeling criminal lawyer, you can better understand these consequences:

• First offense: A potential jail sentence of 3 days to 6 months, fines from $1,000 to $5,000, a one-year license suspension, a mandatory treatment program, and attendance at an alcohol highway safety school.
• Second offense: Imprisonment for 90 days to 5 years, fines between $1,500 and $10,000, the installation of an IID for one year, an 18-month license suspension, a mandatory treatment program, and attendance at an alcohol highway safety school.
• Third offense: The most serious consequences, including a prison sentence of one to five years, fines from $2,500 to $10,000, an 18-month license suspension, and the mandatory installation of an IID for one year.

How to Handle the Situation on the Road

• Do not resist arrest, as this can be used against you in court.
• Avoid admitting that you are intoxicated.
• Do not make any statements until you have spoken with your Wheeling DUI attorney.

How Your Lawyer Will Defend You

For a comprehensive defense, it’s essential to work with a skilled lawyer from Wheeling. This professional will meticulously review the charges against you and develop a strong legal strategy. Your attorney will investigate every possible avenue to get the charges dismissed or, in more serious cases, negotiate for a reduced sentence. It is important to remember that every DUI probation case is different and needs a personalized defense.

For a complimentary consultation with one of our highly-regarded Wheeling criminal lawyers in the Wheeling area, contact us online today or call us at (844) PITT-DUI. Your legal rights and peace of mind are our priority.