QUESTION
What are the penalties for DUI while on probation?
Asked on May 19th, 2015 on Criminal Law - Utah
More details to this question:
What am I facing for this new charge? I am on probation for a DUI. I got arrested for DUI with accident. Nothing major happened. There were no injuries. I hit a parked car.
7 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your problem is likely less with the penalties for OWI than with your probation officer. If you did drive drunk, you probably violated your Rules of Probation. As to the courts, the fact that you were on probation would normally not, of itself, affect the penalty. The accident whilst driving drunk will likely drive the penalty up. The range of penalties depends upon just how much alcohol you had in your system, and how many prior convictions you have had. Talk to a skilled lawyer.
Answered on May 20th, 2015 at 3:46 PM
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Law Office of Edward J. Blum
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Facing punishment for 2d DUI and punishment for probation violation
Answered on May 20th, 2015 at 5:13 AM
First, you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. Second, a violation of probation means you have a maximum of 180 days (from the first DUI) that is hanging over you, not to mention the new charge, which requires mandatory jail time. You better call a lawyer to explore alternatives to pleading guilty.
Answered on May 20th, 2015 at 5:06 AM
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Law Office of Robert E. McCall
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Penalty is based totally on the Judge.
Answered on May 19th, 2015 at 3:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The penalties for a first DUI are significant, a second DUI penalties are draconian. The fact that you are ready on a probation and have an additional charge is quite problematic. I would very strongly recommend that you engage an attorney as quickly as possible.
Answered on May 19th, 2015 at 3:22 PM
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Law Office of A. Marie Felsen, Esq.
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Every county and every case is different, you need an attorney. A new DUI will have all the regular new DUI penalties- so if this is your second DUI you would face all the second DUI penalties. You would not be able to get a restricted license this time so your license will probably be suspended for 1 year. If they cite you for 23154 then you could be facing 23152 and 23154 but that's unusual. Usually you are just facing the consequences of a second 23152.
Answered on May 19th, 2015 at 3:18 PM
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In Utah, a second DUI within a 10 year period carries a 10-day jail sentence. However, you said you are still on probation for the original DUI. The judge from that case could revoke your probation and potentially add to your jail sentence. Talk to a lawyer about the details of your situation.
Answered on May 19th, 2015 at 2:56 PM