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On court probation search and seizure . Just received DUI , what will be the outcome

San Carlos, CA |

I have been on court probation for about a year now never had any problems or contact with probation officer , don't think I was even assigned a probation officer. Just got a DUI last night and was taken to a drunk tank for the night , what are the chances of me not doing jail time and possibly getting swp or community service . My original offense was assault not related to drugs or alcohol . I currently am working and going to school so I need to stay out

Attorney Answers 4

Posted

Probation on a first DUI will get you 48 hours in jail, as well as 3 years probation, license suspension fines and alcohol classes. The DUI may trigger a violation of your present probation but it is difficult to say since I have no idea what you are on probation for.

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Asker

Posted

I'm on probation for getting in a fight ...U think there's a good chance

Asker

Posted

And when u say 48 hours is that jut for the DUI or because I'm already on probation

John M. Kaman

John M. Kaman

Posted

That's just for the DUI; but of the 2 days basically you'll get credit for one day for having spent the night in the drunk tank. You can do the other through community service. I have no idea what you'll get for the probation violation which is in addition.

Asker

Posted

Anyway to calculate a rough estimate for a probation violation such as mine three months ? With good behavior ?

Asker

Posted

And it's usually just jail time for violations ? Even if ur currently employed ?

Posted

The DUI will most likely be a probation violation of your previous offense-"to obey all laws". The DUi will get you a minimum of 48 hours in jail, or more depending on what your BAC level was. In addition you will be hit fines, alcohol school; license suspension. You need to contact DMV within 10 days of your arrest to request a hearing. Get an attorney.

Andrew Roberts
(818) 597-0633

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Asker

Posted

But no way to determine punishment for violation ? Thankyou I really appreciate it

Posted

In most cases your probation, even to the court, would have the conditions not to violate any law. If the court that you are in probation is in the same county in CA, then in most cases the court will find out about it.

I am not licensed in VA

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Asker

Posted

So what are your reccomedations ? Thankyou sir

Posted

Depends. Most counties will handle the DUI case and the probation violation (if one was filed) together if you picked up the DUI in the same county as the probation violation. It makes a difference if you are on misdemeanor court probation or felony supervised probation. You should consult with an attorney who is familiar with the county that you got arrested in so that you can get an idea of what to really expect.

This is for informational purposes only and does not constitute an attorney-client relationship.

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