DUI while on Probation
If you are convicted of an OVI/DUI while on probation there are a number of issues to consider. Are you on probation for a DUI? Does this conviction violate your current probation? If so, are you going to have your license revoked?
Picking up an OVI/DUI charge while on probation could come with penalties that could seriously impact your life. That being said, you should retain legal counsel as soon as possible.
Attorney for DUI while on Probation
If you are being investigated for OVI/DUI while on probation, contacting Joslyn Law Firm today would be a wise decision. Our attorneys are experienced with DUI cases and will strive to achieve the best possible outcome for your situation.
We proudly assist clients in communities in central Ohio that include Cincinnati, Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason, Oxford and many others. Contact Joslyn Law Firm today at (513) 399-6289 or submit your information in our online form and one of our attorneys will review your case for free.
Overview of DUI on Probation in Ohio
When you commit a criminal violation while on probation, even if it is unrelated to the original crime, you have broken the agreement made with the judge. Not only have you violated the terms of your probation, but you are also facing a new OVI/DUI charge. That being said, the judge will see you as someone who is likely to return to the criminal justice system.
An OVI/DUI while on probation is a more serious violation than a technical one since the court issues probation as an alternative to jail time in hopes the offender will avoid criminal activity in the future.
The penalties following an OVI/DUI while on probation depends on the type of probation you are on and they are often times harsher than your initial sentence. Some of the penalties for an OVI/DUI on probation can include:
- Possible sentence of the maximum punishment from the original offense
- The probation time served may not count towards your sentence
- No right to bond after arrest meaning you will stay in jail until your hearing
- A guilty conviction for the original offense that may affect your eligibility for sealing or expunging your record in the future
- Additional punishments and charges added to your original sentence
When you violate your probation there are a number of measures that need to be taken to ensure you do not face any more penalties. Such measures depend on the type of probation you are on, and are as follows.
- Reporting Probation: It is best to inform your probation officer and law enforcement of the new charge you are facing. Refer to the paperwork you have from the probation department with an attorney for more specific instructions and guidelines for the correct course of action.
- Paper Based Probation (PNC): You will not be required to report the new charges to your probation officer unless you are convicted of them. For the proper course of action refer to the paperwork from the probation department with an attorney.
Along with the penalties for violating your probation, you will also face the penalties for OVI/DUI if convicted. The extent of the penalties depends on whether or not this was your first offense and can include extensive fines, lengthy jail time and restricted plates. Below are the penalties for operating a vehicle while under the influence.
- First Offense: This is considered a first-degree misdemeanor that can be punished by a minimum of three days and up to six months in jail, fines ranging from $375 to $1,075, a suspended license for six months to three years and no driving privileges for 15 days.
- Second Offense: This is considered a first-degree misdemeanor that entails a minimum of 10 days and up to six months in jail, fines ranging from $525 to $1,625, a suspended license for one to seven years, restricted license plates, an interlock device if alcohol-related and no driving privileges for 45 days.
- Third Offense: This offense is an unclassified misdemeanor that can be punished by 30 days and up to one year in jail, fines ranging from $850 to $2,750, a mandatory drug or alcohol program, a suspended license for 2 to 12 years, restricted driving plates, an interlock device if alcohol-related, no driving privileges for 180 days and forfeiture of vehicle if registered to the defendant.
An interlock device is a breathalyzer that is installed in a vehicle. It requires the driver to blow into the mouthpiece of the device to measure the alcohol in their system. If the amount is over the pre-programmed level, the device will temporarily lock the vehicle’s ignition.
Ohio Revised Code 2951- Full text of the Ohio Revised Code that governs probation in Ohio can be read on code.ohio.gov. The statute explains factors that are considered when granting probation, monthly supervision fees and conditions for arrest. Codes.ohio.gov is a website that features the Ohio Revised Code and the Administrative Code.
Cincinnati Alcoholics Anonymous – Visit the webpage for Cincinnati’s Alcoholics Anonymous. The site allows users to search for local meetings and information about the program. Alcoholics Anonymous is a fellowship of women and men who share their experiences and hope with each other to help recover from alcoholism.
Lawyer for DUI while on Probation
Having Joslyn Law Firm on your side when you are being investigated for a DUI while on probation is the best defense you can take. Our attorneys will fight to ensure your rights are protected and achieve the best possible outcome for your situation.
We serve clients in communities that include Cincinnati, Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason, Oxford and many others in central Ohio. Call us today at (513) 399-6289 or submit your information in our online form and one of our attorneys will review your case for free.