What happens when you get a second DUI and on probation ?

My 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.

Oshkosh, WI -

Attorney Answers (4)

Michael C. Witt

Michael C. Witt

DUI / DWI Attorney - Jefferson, WI

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.

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Jeffrey J. Szczewski

Jeffrey J. Szczewski

Criminal Defense Attorney - Waukesha, WI

Why do you need to figure out what to do? I don't mean to sound snippy, but your friend is the person who is most familiar with his situation and his legal options.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

DUI / DWI Attorney - Madison, WI

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.

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John Paul Thygerson

John Paul Thygerson

DUI / DWI Attorney - Norwalk, CT

Bad things happen. Your friend needs experienced criminal defense counsel asap!

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