Home > Research Legal Advice > DUI / DWI > What happens when you get a second DUI and on probation ?
Asked 4 months ago - Oshkosh, WI
FlagMy friend was driving me home and we got pulled over. He blew a 1.6. He got taken away and I overheard that he was on probation. What happens next? I need to know to figure out what to do.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
I will assume your dilemma is addressed to the immediate question of whether you can get your friend released or not. The answer is probably not, as the most likely scenario is that his probation agent will put a hold on him, and he won't be getting out of jail until they decide what to do with him. If they decide to revoke him, he will sit until a revocation hearing or waiver of same, at which point what happens will depend upon the structure of his probation. Don't waste time or money posting bond on the new drunk driving charge until his probation problems are resolved.
A second DUI in Wisconsin is a criminal charge. One of the standard rules for anyone on probation is to not violate any criminal law.
Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!
When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.
What exactly happens depends on your friend's probation crime, his probation history, and his probation officer. He may be revoked and face sentencing on his original crime, he may be put into treatment. He needs a lawyer, now.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.
--- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
http://addbalance.com
--- Facebook Page
http://www.facebook.com/CriminalDefenseMadTown
--- Talking to the Police - Advice from Lawyers and Police
http://addbalance.com/police.htm
--- Miranda Rights (and Wrongs)
http://addbalance.com/miranda_rights.htm
DISCLAIMER:
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
Click on the “more” link below for more important information about the answer and AVVO.
