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I am on probation for a dui and I was arrested for drunk in public in another county in Virginia. Will they find out?

Harrisonburg, VA |

I was convicted of a DUI in March and have a 12 month probation. I am currently in a 10 week alcohol class with one class left (through VASAP). I am 21 years old, and was arrested last weekend for a public intoxication in a different county 2 hours from here (I was fingerprinted, etc. in jail). Will they contact or directly send the charge to my case manager (aka probation officer)? Or is it unlikely that they will send it to them? If they do not find out, I do plan hire an attorney and get the drunk in public dismissed.

*****the other charge was in another state. sorry for the confusion

Attorney Answers 4


When one is on probation for any charge,much less an alcohol related charge, they are not to get arrested or charged with ANY offense. Normally, the terms and conditions of probation REQUIRE you to report any citation or arrest to your probation officer. That being said, you better hire counsel to ensure you are not convicted of any offense if and when your probation officer runs your record before your probation has ended. If you are drinking enough to get arrested while on probation for DWI, you better consider that you have a problem with alcohol and take appropriate action before you kill yourself or someone else.

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You may get lucky. Sometimes communication between prosecutors in different counties is poor. Since your new charge is less serious, it may not come up on anyone's "radar" to notify the other county. Keep your fingers crossed on that one . . .

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It is unlikely the charge will be sent directly to your case manager. The issue is whether your case manager will become aware of the new charge at some point. VASAP will typically run your criminal history when you are finally removed from the program. It is possible they will become aware of the arrest/charge at this time. For this reason is it imperative you hire counsel on the public intoxication charge and try to get a dismissal.

If you would like to discuss the matter in further detail feel free to call my cell.

Darren Meyer
(540) 840-8470

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Often if you are convicted (or found guilty) of the 2nd charge, then your probabtion officer will find out when they pull your reports.

If you are sucessfully in getting the drunk in pubilc dismissed, then it is possibly that your dui probabtion won't find out - however that is VERY unlikely. Odds are more likely that your probabtion officer will find out.

Either way, as the previous attorneys have pointed out, often you have a duty to report any and all arrests, charges, and convicitons.

You should legal counsel immediately.

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