Hello i went to court for a third dui and was sentenced thirty days in jail and 2yrs probation.

i got out of jail three months ago and have been on random urine screens since and have been clean. i recently failed my last one and my probation officer violated me. this is my first violation. Any ideas as to what might happen?

Cincinnati, OH -

Attorney Answers (3)

Patrick Sean Leary

Patrick Sean Leary

DUI / DWI Attorney - Cleveland, OH
Answered

The possible outcomes are very wide-ranging. It really depends on the court/judge, and what was stated at the time of the sentencing. If the court sentenced you, for example, to 6 months and suspended 5 of them (ie. your 30 day sentence) you could be sentenced to serve the remaining time of your suspended sentence (all 5 months) or a portion thereof. If the court takes a more lenient approach, he/she could extend your probation, require more restrictive sanctions (ie. house arrest or SCRAM bracelet), require you to report more often, require AA/NA/CA meetings, etc. Because this is your 3rd DUI/OVI, it would be advisable to seek legal representation for your probation violation hearing as you could be looking at serving additional time.

~~~~~~~~~~ Patrick Leary is a licensed attorney in Ohio. Any answers provided by Mr. Leary in the Q&A Forum are... more
Jeffrey Charles Meadows

Jeffrey Charles Meadows

DUI / DWI Attorney - West Chester, OH
Answered

Where you in jail for an OVI? What court are you dealing with? Are you on probation for the same offense that you were in jail for? If so, how much total time was suspended? There is a lot more information needed to start to answer your question.

In short, a judge can send you back to jail for a violation. What type of urine screen was it? And did you admit to using the substance you allegedly tested positive for? Please feel free to call to discuss all of the facts so an accurrate assessment of your case can be made.

Jon Joseph Saia

Jon Joseph Saia

DUI / DWI Attorney - Columbus, OH
Answered

Most judges are pretty harsh when it comes to a probation violation. It appears you received the minimum sentence for a third offense OVI in Ohio. The judge may be under the belief that you received a break already. A lot may depend on what you do between now and the probation violation hearing. You should hire an attorney to discuss the facts of the case and defenses to the alleged violation. The judge can impose any of the original jail sentence that was suspended. Suspended fines can also be imposed. If you are in fact guilty of the violation and it can be proven that you are guilty, get yourself in counselling, attend AA/NA meetings and do anything else you can to assist in mitigation.

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