Skip to main content

I was put on probation because of a dui charge... and now i got a ticket for public intox. what can happen to me ?

Palm Springs, CA |

i was arrested and then sent to court and judge said i was going to pre trial what can happen to me since i was on probation for the dui charge ?

Attorney Answers 7

Posted

Picking up any new law violation puts you at risk of being violated on probation. A probation violation allows the court to reassess your sentence and consider up to the maximum again... although in most misdemeanor cases it can mean adding community service, additional jail time, etc. Technically, even an infraction constitutes a violation, but is only sometimes pursued, while violations of probation for new misdemeanors are more common. The D.A. can pursue misdemeanor charges for public intoxication if they wish, which carries a maximum of 180 days. You'll need to speak to an attorney for more specifics and to discuss the details of your case...

This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information prve a claim to pursueovided here is for general purposes only

Mark as helpful

5 lawyers agree

2 comments

Asker

Posted

The dui was my first back in 2010, and this pub. Intox charge now according to me was bogus! Since there was no breathalizer or blood test are my chances of a good outcome high? I have nothing else in my record and my wrist were cut and bruised while in cuffs and have pics!

Amy Katherine Guerra

Amy Katherine Guerra

Posted

Most public intoxication charges don't involve a breathalyzer or blood test; often, officers rely on observations to prove the charge (smell of alcohol, watery eyes, gait, behavior, etc.). You should set up an appointment to talk with an attorney so they could review your case and determine what defenses you may have.

Posted

In addition to what the other attorney mentioned, it tends to indicate to the court that you may have a problem with alcohol increasing the possibility of some type of program to address your drinking and choices while drinking.

Mark as helpful

5 lawyers agree

Posted

You obviously violated the terms of your probation which mandates zero tolerance. There is a strong possibility that the court will impose jail time. You're also facing the possibility of losing your license for a year. Sorry for being bleak. At this stage, the best thing you can do is hire an attorney to help mitigate the damage.

My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.

Mark as helpful

4 lawyers agree

1 comment

Michael James Kennedy

Michael James Kennedy

Posted

I see nothing that suggests that the person has any zero-tolerance terms on her probation. In Riverside or San Bernardino Counties [I don't know where this event is] jail is unlikely, unless there is something extreme about the conduct or the individual.

Posted

You can go to jail on both charges! You shoul consult in detail with an attorney about your case.

Elliot Zarabi
www.FreeCriminalConsultion.com
213-612-7720

Mark as helpful

4 lawyers agree

Posted

You need an attorney ! You violated the terms of your probation and face jail time.

Mark as helpful

2 lawyers agree

Posted

In theory you could get violated for the new charge, if there are facts supporting it: getting a ticket has not proven the facts nor the offense. Unless you have a record of violations, or a bad history of alcohol/drug abuse [is your DUI a first time or a 5th time, etc.?], you will probably not be violated but might be given the option of adding some terms in lieu of a violation, like extra AAs or some such thing. Most judges are fairly understanding about succ things. You should not try to navigate these potentially dangerous shoals without counsel, however. And counsel who knows the court and the culture of wherever this occurred.

Mark as helpful

1 found this helpful

3 lawyers agree

3 comments

Asker

Posted

The dui was my first back in 2010, and this pub. Intox charge now according to me was bogus! Since there was no breathalizer or blood test are my chances of a good outcome high? I have nothing else in my record and my wrist were cut and bruised while in cuffs and have pics!

Asker

Posted

The dui was my first back in 2010, and this pub. Intox charge now according to me was bogus! Since there was no breathalizer or blood test are my chances of a good outcome high? I have nothing else in my record and my wrist were cut and bruised while in cuffs and have pics!

Asker

Posted

The dui was my first back in 2010, and this pub. Intox charge now according to me was bogus! Since there was no breathalizer or blood test are my chances of a good outcome high? I have nothing else in my record and my wrist were cut and bruised while in cuffs and have pics!

Posted

A ticket and/or arrest doesn't necessarily mean a violation. The DA still has to prove the violation. If you consult a good defense attorney, they can help discuss options

The above stated is advice only, and does not establish an attorney-client relationship.

Mark as helpful

1 found this helpful

3 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics