Consequences of a DUI While On Probation in Michigan
Drunk Driving while on probation – Violating one’s probation is serious, and the threat of spending time in jail as a result of a probation violation is high. It makes no difference whether one is arrested for DUI or fails to appropriately check in with a probation officer; the consequences of violating probation may be severe. There is no doubt that being arrested for a DUI is serious in and of itself. But the repercussions of getting a DUI while already on probation are serious, and hiring an attorney in these situations is imperative.
DUI While on Probation in Michigan
Probation is usually put into place as a way of supervising individuals who have been convicted of crimes while still allowing them to remain in the community. This will almost always carry with it the requirement that an individual not engage in an criminal activity while on probation. This is enforced by imposing additional penalties (such as probation violations) above and beyond those that would already come as a result of the criminal activity.
Although many people are under the impression that DUIs are not necessarily serious offenses, likely due to their casual portrayal in the media, they are misdemeanor offenses. This means that they will likely result in a probation violation if an individual is convicted of one while on probation. This makes it even more necessary to retain an attorney to assist in defense and ensure that probation violations are avoided wherever possible
Probation Violation Hearings
Probation violation hearings are less formal when compared to other stages of a criminal prosecution. There are no rules of evidence, and finding guilt beyond a reasonable doubt is no longer required; a preponderance of the evidence is all that is required—a far smaller standard. Witnesses may be presented, but there is a right to cross-examine them. If you have been summoned to court because you were arrested for a crime unrelated to your probation, many judges will allow an adjournment (delay in the proceedings) until you have been convicted. If there is no conviction, there is no probation violation. Once convicted of a crime, and thus in violation of one’s terms of probation, a judge has the power to decide whether revoking one’s probation is appropriate, and if so, what penalties to impose. Contact our Michigan Criminal Attorneys for a free case evaluation.
Consequences of a DUI Conviction
Being convicted of a DUI—or any drunk driving charge for that matter—will likely land an offender in jail (in addition to numerous other penalties) where the offender is already on probation. It does not matter whether the drunk driving charge is a first offense misdemeanor, and it makes little difference what the original charge was for which probation was originally imposed. Judges and prosecutors don’t like drunk driving offenses to begin with. The best way to avoid the consequences of a DUI conviction when you’re already on probation is to avoid drinking and driving at all costs, and to hire an experienced DUI attorney in the event that you are arrested on such a charge.
Hire a Probation Violation Attorney
If you’ve been accused of violating your probation, as a result of a DUI or any other reason, it is important to contact a Michigan DUI attorney who can protect your rights at your hearing. The objective is always to keep the accused out of jail, and your chances of avoiding imprisonment are substantially higher when you have a professional watching your back. Contact an attorney today at 586-268-2400.