Getting out of jail after the conviction for driving under the influence of alcohol or drug is one opportunity provided to the offenders who are qualified for probation or a state program through which convicts can avoid suffering some or all the consequences of a criminal act with a promise not to commit it again or follow the conditions in the entire period. But this privilege, however, is sometimes violated by others who seem to have no fear in facing the penalties when caught by the officer and proven of such mistake. This could lead to immediate incarceration aside from other punishment which may be imposed by the court according to what has been signed in the agreement. It is somewhat worst, but you can probably imagine the scenario where a probationer has a sorrowful mood and seems hopeless thinking of the consequence of his wrongdoing. Nevertheless, if you are wondering what he would likely face after such violation, these are some facts relative to the matter:
As to what the offender should observe in the entire duration of probation is dependent on the type of crime committed, and for the drunk driving, the conditions usually include: (1) limiting driving privileges, (2) having an alcohol-monitoring device, (3) paying court fees, (4) avoiding moving or criminal violations, and (5) attending alcohol education or counseling among others.
Mistakes that Can Result to Violation of Probation
There are certain situations in which the probationer may get involved and result to the violation of the conditions of such privilege. The most common, aside from not abiding with the terms, are the following: (1) charge of new criminal offense even if done in another state, and (2) failure to appear during the court-required appointments or meetings with the probation officer.
Consequences of the Violation
It is noteworthy that the penalties that a probationer may suffer for the violation of the conditions vary depending on the degree or mistake committed. But the most common of which are extension of probation period, additional fees, jail time, DUI treatment, and community service. Prior to the service of the sentence, however, the probation officer may first issue warning to prevent other violations for the offender’s benefit. Meanwhile, there are instances where this is unnecessary due to the gravity of the offense and the matter really needs to be brought up to court trial.
Rights of the Probationer for the Alleged Violation
Just as the same with other defendants in a criminal trial, the probationer is also entitled to a court hearing, but he cannot enjoy other rights as one consequence of the violation. Specifically, he is not entitled to a jury, can be detained longer before the court hearing, and the burden of proof on the prosecution is lesser making the offense easier to prove. Further, the hearing for probation violation can be less than as compared to a common trial, and that means that the guilt can be proven even if there is no sufficient evidence to support the charge beyond reasonable doubt. This is the reason why such case really requires a good defense attorney for the probationer to reduce or eliminate the possible penalties.
There is really no good result that a violation of DUI probation can give to any offender; hence, if you would later be given the same privilege, always obey what the law requires to avoid having additional burden.
