When you are charged with a DUI in Virginia, it is a grave matter. The matter becomes even more serious when you get charged with DUI while you are on probation. Since you are on probation for a previous charge, it can cause more problems. The court may revoke your probation depending on the severity of the charge.
For this reason, you should consider engaging the services of a professional and experienced DUI lawyer in Virginia. A DUI attorney understands the laws and regulations surrounding a DUI charge and can help you build the best defense strategy that is in your best interests.
What Happens When You Are Charged with a DUI while on Probation in Virginia?
If you are on probation for a misdemeanor offense and the police charge you with a DUI, your probation officer may choose to wait until the DUI charge resolves. After it resolves, your probation officer may then decide on whether it violates your probation. The same rule applies if you are on probation for a felony offense.
Regardless of whether you are on probation on a state, local, or federal level, one of the guidelines of it is that you remain on your best behavior during the remainder of it and do not violate any laws. If you misbehave while the police pulls you over for a DUI, the state may view it as you violating your probation or you with your DUI lawyer can go to court to make the case on why they should not revoke probation.
Often, this occurs after your DUI case has resolved through conviction, acquittal, or other means. According to the law, it can occur before that.
What If You Are on Probation for a Previous DUI?
If you are on probation for a previous DUI, you need to hire a DUI lawyer, as your hearing for violating your probation will begin immediately after the police charge you with another DUI. Your DWI attorney may ask the court to continue the hearing to see the resolution it reaches for your second DUI charge.
However, the court may or may not listen to your DWI attorney’s requests. You should also know that in most cases, the court has accepted the DUI lawyer’s request to see what results of the underlying DWI charge.
Moreover, most probation officers also prefer to wait to see what resolution the court reaches of the second DUI charge and then decides to process with probation violation proceedings. If you are in violation of your probation for other things such as failure to stop drinking alcohol, failure to attend the required programs, or failure to perform other required things, the probation officer may decide to continue the hearing for your violation sooner.
For this reason, you need to get in touch with a qualified and experienced DUI lawyer to help you build your defense. Contact us today so we can get working on building your case.
