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If you get arrested for a DUI while on felony probation, will it be a 100% violation of probation or does your p.o. decide?

San Jose, CA |

I have been on felony probation for the sale of marijuana for almost 2 years now. I was supposed to petition for early probation violation in a few months, but I was recently arrested in the state of Nevada for an alleged DUI.

I have contacted my probation officer, and they said they will want to see what happens with the DUI court case. I didn't want to bother my p.o. that much so I didn't ask any further questions.

Does this mean that if my DUI court case goes well (which I think I can get it dismissed or dropped to a lesser crime), and my p.o. decides not to file a violation of probation, that nothing will happen? Or will the court eventually find out and attempt to violate my probation?

Attorney Answers 5


  1. This is a general answer...but generally, a DUI arrest while on Probation will raise a probation violation issue. Even if the court case for the new charge goes well, usually there would still be a probation violation hearing that can take place separate and apart from the new criminal charge. That being said, the better the result of the new charge, the better off you will be for the probation violation, either getting it dismissed, or minimizing penalty if the probation violation is found. I would highly recommend that you speak to a good DUI attorney in NV where the new charge is, and your attorney, or another criminal defense attorney in San Jose regarding the probation violation issue.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.


  2. It is impossible to predict the outcome, as my colleague suggests.

    The fact that your PO did not violate you for the arrest is a good sign. Continue to comply in all other respects with your Probation, and make sure you have a capable attorney to represent you on your pending DUI/DWI. Many such attorney post here on Avvo, and this is an excellent source to find capable representation.

    Good luck to you,


  3. If you had an attorney on the felony case, I suggest giving them a call to make them aware of the current situation. I also suggest hiring a locally experienced DUI attorney for the Vegas case. Having an attorney will generally increase your chances of a positive outcome. Best of luck.

    Jasen Nielsen


  4. Everyone's answer is accurate, except that you need to recall that it is not the PO but the court who violates your probation. Unless aggravated, an out of state misd. DUI is not likely to result in any serious probation issues here.


  5. Get an attorney local to you that can handle any potential violation of probation and hire an attorney in nv to fight your DUI. Good luck

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