2nd DUI with a Probation Violation on the 1st DUI
A second DUI charge is serious in and of itself; however, this situation is often frequently exacerbated by the fact that many people are charged with a second DUI while they are still on probation for their initial DUI. A second DUI while on probation for the first not only counts as a brand new DUI case, but it is also a violation of the conditions of your probation. If convicted of this second offense, you will most likely face fines, penalties, and even imprisonment due to this repeat violation. It is therefore extremely important to obtain the representation of an experienced defense attorney to aggressively defend you against these charges.
How will my Second DUI Affect my First DUI?
A second DUI conviction will typically be sentenced much more harshly than the first and you can expect to experience even less leniency than in your initial DUI case. A second offense DUI can hold serious ramifications for your future, including mandatory imprisonment. In the State of California, a second offense DUI carries a potential sentence of jail time, 3-5 years of probation, one and a half years of DUI education classes, SR22 (or high-risk) auto insurance, and a two year suspension of your driver’s license. In addition to these penalties, there are up to $1000 in fines as well, with ‘penalty assessments’ tacked on, thereby increasing the amount of money you owe. Additionally, you will have to fulfill another probation period, which will likely be much longer than your initial probation period, and you may be sentenced to an additional 180 days in jail for violating your original probation.
In all of these cases, the judge determines the sentencing for the defendant, and the judge is more likely to impose a harsher sentence if you violated the probationary period for your initial DUI. The probation violation will ‘trail’, or follow behind, the proceedings of the secondary DUI case in court. A secondary DUI conviction holds a high standard in court: the prosecution must overturn any reasonable doubt. Violation of your first DUI probation, however, is a different story. The prosecution merely has to prove that you are, ‘more likely than not’, in violation of your original probation, which is a much lower burden of proof than ‘beyond a reasonable doubt’, meaning it is generally not too difficult for the prosecution to prove this.
In most cases, the original probationary terms that are violated during the secondary DUI charge are either violation of basic traffic laws, like running a stop sign, or driving after consuming any amount of alcohol or drug. Remember: after an initial DUI, operating a motor vehicle after any consumption of alcohol or drug, even that which is below the legal limit, is prohibited.
Why Should I Hire an Experienced Attorney?
An experienced defense attorney can be priceless if you are facing a second DUI after violating your initial DUI probation. The best possible outcome for a second DUI case is to have the charges against you dismissed. This involves convincing the prosecution that they do not have enough evidence against you to secure a conviction or to prove their case ‘beyond a reasonable doubt’. A skilled DUI defense attorney will analyze all of the circumstances in your case to determine what evidence, if any, may be inadmissible in court.
The Law Office of Christopher J. McCann has over fifteen years of experience handling such cases. During your trial, you must challenge the prosecution’s burden of proof (beyond a reasonable doubt) of your second DUI, but also the ‘more likely than not’ violation of your initial probation. An experienced attorney can help keep you out of jail while your case is pending through the conclusion of your violation hearing. Essentially, when you are facing a second DUI charge while on probation for your first DUI, your personal freedom is at stake. Don’t let a simple mistake ruin your life. Let the Law Office of Christopher J. McCann fight to maintain your personal rights and freedom.
Contact Us Today for a Free Consultation
At the Law Office of Christopher J. McCann, we are dedicated to protecting you and your rights following a second DUI charge while on probation for an initial DUI charge. We will use our 15+ years of experience working closely with our clients to ensure that your future is secure. If you have been arrested or charged with a second DUI, contact our office at 888-360-4256 or use our contact form to schedule a free consultation today. We are prepared to help you fight for your future in this difficult time.