What happens if you are on probation for drug charges and you violate it with a DUI?

I would have been off of probation in Feb of 2010, but was recently pulled over for speeding after leaving a Christmas party, and was arrested for a DUI. What am I looking at when it comes to what they can do to me?

Daphne, AL -

Attorney Answers (2)

Jessica Ruth Towne

Jessica Ruth Towne

DUI / DWI Attorney - Lawrenceville, GA

Contact your attorney; your probation can be revoked until the end of your original sentence in February 2010. You may want to postpone going to court on the DUI until your probation sentence is over. This is an issue specific to you, with advice from your attorney.

Karyn T. Missimer

Karyn T. Missimer

DUI / DWI Attorney - Janesville, WI

I agree with the first answer. I would add that, when someone in WI is sentenced to probation, the court can either impose and stay a sentence, or withhold sentence. If a sentence is imposed and stayed (i.e., the court said "6 months imposed and stayed"), then you know what you are facing: 6 months jail. If the court withheld sentence, you have to go back in front of the judge and be sentenced. Again, you can be sentenced up to the maximum penalties for the offense if you violate your probation. The system may work similarly in AL.

Good luck, and Happy Holidays!

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