DUI While on Probation
In Pittsburgh committing a crime when you are on probation for another one can complicate matters for you. The prosecution would leave no stone unturned to ask for the strictest possible punishment in such cases. If your earlier violation involved a DUI charge being arrested for the same offense can have extremely negative consequences. The legal system stipulated you not to have alcohol while on probation and doing so can invite its wrath. If you have been charged with DUI while on probation you should immediately get in touch with a Pittsburgh DUI Lawyer who can help you navigate the charges.
How the System Works During Probation Period
- Once arrested for a DUI while on probation the process of conviction immediately sets in motion
- You may be sent to jail immediately and even denied a bond
- Your probation officer would revoke probation by filing a statement of your fresh violation
- The negotiation skills of your Pittsburgh DUI Lawyer would be put to the test as he/she negotiates on your behalf with the prosecution
- You will have to face trial for DUI and your attorney would try and lessen the sentence if you have violated probation
- The last part of the process is sentencing
In Pittsburgh, DUI cases are tried under a three-tier system which is based on the BAC (blood alcohol concentration) levels of the accused.
First Tier Offense
A BAC level between 0.08% and 0.099% is classified as General Impairment and is the lowest level of punishable offense. Here a person can be punished with –
- For first offense a person can face probation of up to six months and pay a $300 fine. The court may also make it mandatory for you to take a treatment program and attend an alcohol highway safety school.
- In the event of a second offense you would need to serve between 5 days and six months in prison and pay a fine between $300 and $2,500. It may also warrant one year license suspension and installation of an IID in your vehicle for one year.
- Third offense invites between 10 days and two years in prison, $500 to $5,000 in fines, a year of license suspension and installation of an IID for one year.
Second Tier Offense
Blood alcohol concentration between 0.10% and 0.159% is treated as high impairment and can be punished with –
- For first offense you may have to pay between $500 and $5,000 in fines, serve a prison sentence between two days and six months and face one year of license suspension. The courts may also mandate a treatment program and you may be required to attend Alcohol highway safety school.
- In case of a second offense you may be imprisoned between thirty days and six months, face one year of license suspension, pay $750 to $5,000 in fines and be guided to take a treatment program and attend an alcohol highway safety school. It may also require installation of an IID for one year.
- For third offense the punishment is even more stringent and you would have to serve between 90 days and 5 years in prison, pay between $1,500 and $10,000 in fines, 18 months of license suspension, install an IID for one year and undergo a treatment program.
Third Tier Offense
BAC of 0.16% and above is treated as Highest Impairment and can be punished with –
- In the event of first offense you may need to serve between 3 days and 6 months in prison, pay $1,000 to $5,000 in fines and face one year license suspension. The court may also make it mandatory to take a treatment program and attend an Alcohol highway safety school.
- Second offense invites between 90 days and five years in prison, fines between $1,500 and $10,000, drive with an IID for one year and 18 months of license suspension. You may also need to take a treatment program and attend an alcohol highway safety school.
- Third offense is treated seriously and one would face between one and five years in prison, fines between $2,500 and $10,000, 18 months of license suspension and drive with an IID for one year.
How to Handle The Situation on the Road
- Don’t resist arrest as this can be used against you
- Don’t acknowledge that you are drunk
- Don’t make any statements unless assisted by your Pittsburgh DUI Lawyer
How Would Your Lawyer Defend You
An experienced Pittsburgh Lawyer would take note of all the charges that have been brought against you to prepare a strong defense strategy. He/she would explore all your legal options and how the charges can be totally dismissed on in worst cases plead for a lighter sentence. Every DUI while on probation case is different and the attorney would come up with a unique approach.
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