DUI WHILE ON PROBATION IN PA

A DUI charge on its own carries harsh penalties, including mandatory jail sentences and license suspensions. However, picking up a DUI while on probation can land you in jail even while your DUI case works its way through the system. It is important to obtain an experienced DUI lawyer to not only represent you on your new DUI case, but to assist you with avoiding incarceration on a detainer and for probation violations.

What happens when I am charged with a DUI when on probation?

In most cases, your DUI charges will be instituted by summons through the mail, where you will receive a criminal complaint and fingerprint order from the Magisterial District Court in the municipality where the incident occurred. You will be provided with a date and time to appear for a preliminary arraignment (bail hearing) and a preliminary hearing (first level of proof in a court case).

However, it is also a condition of your probation to avoid all criminal activity. Even if you have been wrongfully charged with a DUI, the simple act of being charged with a DUI can lead your probation officer to conclude that you’ve violated your probation. As a result, your probation officer may issue a request for the court to keep you in jail as a result of the violation. To do so, the Common Pleas Judge supervising your probation may issue a detainer, which is an order requesting that you be held in jail until a final probation violation hearing is held.

How can a DUI Lawyer assist me in addressing my probation violation?

Don’t assume that since you’re facing a DUI charge, that you will be convicted or be sent to jail on a probation violation. There are several steps a DUI Lawyer can take now to guide you through the process. First, it may be possible for your attorney to contact your probation officer and discuss the officer’s intentions as far as detaining you. It may be possible that the PO decides not to detain you if you take proactive steps to address any addiction issues, such as attending rehabilitation.

If detained as a result of being charged with a DUI, your attorney can file a Motion to Lift Detainer with the judge who is supervising your probation, making arguments to support your release from jail. It may be possible to have you released to your home, or to a rehab or alternative housing facility if the judge feels that treatment and supervision are necessary.

On the date of your final probation violation hearing, your attorney can prepare defenses to argue that you did not violate probation. Alternatively, if convicted of your DUI, your attorney can make arguments to request that your probation be extended instead of you being re-sentenced to jail time.

Arrested for a DUI while on probation, but haven’t received charges in the mail?

Don’t wait to seek legal representation thinking that charges will never come. Police have up to 2 years to file charges against you from the time of your DUI arrest, and those charges can come at any time. Typically, cases are filed sometime within 1 to 8 weeks after your DUI incident occurred, as officers may take time to prepare reports or wait for BAC results to arrive. Preparing with a lawyer now can help spare you headaches in the future, as you don’t want to make arrangements while there’s an arrest warrant with your name on it.

Let your DUI Lawyer fight to avoid a conviction or jail time on your DUI case

With an experienced DUI attorney fighting for you, the odds of you receiving a favorable outcome may improve significantly. In addition to addressing issues related to your probation, your DUI lawyer can review your case, negotiate with prosecutors to seek a deal to avoid jail time, or prepare for battle. If police violated your constitutional rights, or if the evidence against you appears legally insufficient, your attorney can prepare to seek suppression of evidence or a not guilty verdict after trial.

Attorney Dave Zuckerman has prosecuted hundreds of 1st, 2nd and habitual DUI offenders in Allegheny County, and has defended clients facing DUI cases in state courts throughout Western Pennsylvania. Specifically, our office has experience in handling both probation violation and DUI matters, including:

  • Frequent dealings with probation officers;

  • Preparing, filing and arguing detainer motions;

  • Attending and arguing at Gagnon I and Gagnon II hearings;

  • Preliminary hearing, pre-trial motion, non-jury and jury trials on DUI cases

If you are on probation and have been stopped for or charged with a DUI, call us at 412-447-5580 to speak with an attorney today.