What is the usually sentence for first probation violation in a first time dui case.

Asked almost 2 years ago - Fort Lauderdale, FL

Basically showed up and failed the breathalyzer

Attorney answers (6)

  1. William David Umansky

    Pro

    Contributor Level 19

    11

    Lawyers agree

    Answered . I am sorry to hear you are going to violate your probation especially over the holidays. It is hard to determine what type of sentence you would get. Technically you could get up to six months jail or greater if it was a DUI with property damage or injury if your case was a misdemeanor. If you had a DUI with serious bodily injury and it was a felony up to five years in prison. Essentially you can be sentenced to the amount of time you could have originally gotten. However, in MOST cases that is very unlikely. You may get reinstatement of probation without any jail at all other than the time you may spend in when you get picked up on the violation of probation warrant. You may get additional penalties instead of jail. Hire a competent local lawyer who can fight for your rights and i would advise that you get into AA and additional counseling so the Judge looks favorably upon you. I wish you the best of luck!

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  2. Jonathan Hackworth

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . I agree with Mr. Umansky. It is impossible to advise you as to the usual sentence for the violation since the overwhelming majority of factors that will determine the sentence in your case are unique to your case. Ultimately, I recommend contacting a criminal defense attorney prior to your first hearing, so you can take a proactive approach to handling the violation of probation. Good luck!

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  3. Daniel Marc Berman

    Contributor Level 14

    9

    Lawyers agree

    Answered . Impossible to answer without considerably more information, though you certainly could be incarcerated if it's not handled correctly. Hire an attorney ASAP. We handle these type of cases out of our Fort Lauderdale office. 954 764-6099
    www.southfloridaarrests.com

    Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-... more
  4. Colleen M. Glenn

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . Each individual case differs assuming you are on misdemeanor probation the most you can get is the statutory maximum for the original offense. Your outcome could vary from jail to alcohol rehab to simply being placed back on probation.
    www.colleenglenn.com

  5. Brian Lee Michael Balaguera

    Contributor Level 11

    6

    Lawyers agree

    Answered . It really depends on the violation. If you failed the breath, it could be jail time or additional treatment. It really depends. Hire an attorney to assist you.

    The information provided herein is provided as general legal information and does not constitute legal advice.... more
  6. Charles K. Kenyon Jr.

    Contributor Level 20

    3

    Lawyers agree

    Answered . It is impossible to answer this without knowing more about the original charge and your history on probation.

    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.


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