Sounds like there are a couple issues on this case. Was it a first offense DUI? Ultimately, your best bet at this point to get a more detailed answer would be to set up a consultation with an attorney in your area who is familiar with the Court of the new charge, as well as the court where the probation violation is. It may be possible to have the Probation violation transferred to the charging court and potentially may give your attorney a little more flexibility in working out deals to lessen the overall penalties between the two. Of course, there may be big defenses available on your DUI case that can help mitigate or dismiss consequences, but an attorney will have to dig deeper into your case to determine that.
Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.
As best I understand your question, you were arrested but never adjudicated for the DUI charge. There is no mention of the public intoxication charge. Legally, the public intoxication and the DUI are two separate incidents and the court holding jurisdiction over the cases will treat each one separately.
The offense of 'Public Intoxication' is classified as a "violation" which is a lesser criminal offense than a misdemeanor. However, there is the possibility of a fine of up to $200 and a jail sentence of up to 30 days. You should consult a qualified criminal defense attorney before you enter a plea to this charge - there may be both legal and factual defenses.
The offense of DUI, first offense, is more serious. Under the current Alabama law, effective Sept. 1, 2011, Alabama has created the punishment of "double minimum punishment" for any DUI offense if the breath test is .15% BAC or greater. In that event, whatever the basic punishment is prescribed by law must be doubled by the trial court if found guilty of the offense.
First offense DUI has a base punishment of a fine of not less than $600 and up to $2100 and a jail sentence of up to one year. The trial court has the discretion to suspend the jail sentence on the first offense. In addition, the Department of Public Safety is required by statute to suspend the driver license of any person convicted of first offense DUI.
There are many factors that need to be considered. You should never plead guilty to a DUI offense without first discussing your case with a qualified criminal defense lawyer, and especially one who specializes in DUI defense. For a list of metro Birmingham lawyers who specialize in DUI defense, check the listings for the National College for DUI Defense at: www.ncdd.com
In the metro Birmingham area, attorney Greg Yaghmai is considered one of the best for DUI defense. He is highly skilled in all facets of this complex area of law. I would suggest that you contact Mr. Yaghmai to review your case.
The outcome of your case depends on several different factors. If you have any prior DUI's then your fines and punishment could be enhanced. Depending on the jurisdiction and the facts of your case, you may be eligible for a deferred prosecution program which would result in your charge being dismissed upon completion of the program requirements. You need to consult an attorney because there are potential serious consequences in your case. Feel free to contact me at (205) 414-7404 for a free consultation.
Mr. Goodgame can be reached during normal business hours at (205) 414-7404
DUI DUI defense DUI as a criminal offense DUI penalties DUI trial DUI sentence DUI charges DUI arrest DUI and driver's license penalties DUI probation DUI and college enrollment Criminal defense Criminal charges Misdemeanor crime Crimes against society Criminal charges for public intoxication Criminal charges for probation violation Defenses for criminal charges Criminal arrest Criminal court Criminal sentencing Criminal fines Warrants and criminal charges Probation for criminal conviction DUI fines