If the DUI was her first offense and there was no accident or injury, then the maximum sentence is up to 180 days if her breath test was under .15 or 270 days if it was over. Good Luck.
Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice. Www.orlandocriminalteam.com Www.orlandoduiteam.com Www.orlandoduilawfirm.com Www.flduilawfirm.com Www.orlandodivorceteam.com
If your girlfriend is found to have violated her probation she will be facing the same amount of time as when she pled to the DUI, in other words up to the statutory maximum. DUIs are different than other misdemeanors in that they are not second or first degrees. They are a hybrid a dependent upon many factors. If she has any paperwork from her change of plea the maximum possible sentence may be written on it. Good Luck
She can be in jail for the maximum. If this is the first time she violated, it may not be that bad. It depends on how long she's been on probation and how it has been going.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. 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. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Mr. Katz is spot on as to the potential maximums, she could face. It is impossible to determine exactly how long she will actually be sentenced, there are lots of factors that could go into that calculation.
I strongly suggest you all retain a Tampa criminal defense lawyer to represent her during the violation of probation process. My firm offers free case consultations in these sorts of matters. Good luck with your case.
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for informational purposes. The facts of each case are different and unique, it is critical to consult with qualified counsel with whom information can be shared and assessed under attorney-client privilege, so that competent and quality advice can be obtained on which you can make informed decisions
I agree with the other attorneys. You should consult with a criminal defense attorney to discuss all available options including reinstatement of the probation.
Failed a drinking test? There would have had to have been a condition of probation about drinking alcohol. While that is possible, it's not typical and it sounds very fishy to me. I would have a lawyer look into that little detail if nothing else.
Whenever someone violates their probation, they become liable for up to the maximum of the original charge. However, there are many other ways that this situation can be handled in order to avoid a potential jail sentence. I agree with all of the above answers that your girlfriend should contact a local attorney to help her with this issue.
"No alcohol" can be a condition of DUI probation that, if violated, can subject her to the maximums. That being said, most first time offenders will not be sentenced to the maximum even if found to have willfully violated their probation. An attorney can help minimize and mitigate the issue and work to get her out of custody quickly if she has to go in. Her max if her original case was either a refusal or under .15 breath is 180 days, or 6 months, but it's extremely unlikely she would do anywhere near that time absent a long prior record or a history of DUIs and/or probation violations.
What is she on probation for? That will determine how long she can spend in jail or prison. You need to hire her an attorney to help minimize the damage.
For more information or to set up a free consultation contact the Law Office of Corey Cohen at 407-246-0066 or visit our website at www.coreycohen.com
Sign up to receive a 3-part series of useful information and legal advice about DUIs.