Hi , I recently just got kicked out of the multiple offender 18 month DUI program for allegedly being under the influence ( and a drug test would not have proven I wasn't unfortunately ) and I have to go back to court to be reinstated . Hoe likely is it that I'll be reinstated ? I'm on informal probation for two Du I's that I plead guilty to . I have not been kicked out of the program before , and I have not violated my probation before . I am on probation for the two Du I's only . If you need more info please ask me .
Well the good news is this is your first probation violation and typically judges will reinstate you into the DUI class without additional punishment. I would come in prepared to explain to the judge what happened and be respectful and explain how this will never happen again.
How far into the program were you? What were you under the influence of? (DO NOT answer this question here as this forum is NOT classified and any statement you make here can be used against you in court.) Which court house are you in? What steps are you taking to resolve this issue? All these questions will impact what happens when you go back to court. Custody time is always an option that some judges impose. Best to speak with one of us Local Avvo attorneys and hire on of us who you are comfortable with in fighting for your freedom. Most of us offer a free consultation so you can meet with us and see who you want fighting on your team.
The biggest problem you're going to run into is you will not be able to get a restricted license now until you finish the class. When you are kicked out of a DUI program you cannot get a restricted license until you complete the class. I doubt you will go to jail however it would be wise to hire an attorney.
I generally tend to advise getting an attorney to handle any probation violation issue(s) to mitigate these kinds of situations. I would at least recommend that you speak with a DUI attorney in your area that is familiar with the courts where your PV's are in. I don't think either of the Judges are going to be excited about the situation knowing that you have 2 DUI's which sound like they are fairly recent with the programs running concurrently.
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