What might happen with a friend who received a dui while on felony dui probation in colorado?
3 attorney answers
I agree with both Mr. Rosmarin and Mr. Greenlee. However, it is also likely that a condition of his probation is that he not consume any alcohol and that, in and of itself, could be the basis to revoke his probation with a .348 BAC. I think Mr. Greenlee's assessment is correct that given the facts you relate, your friend is likely looking at some prison time, rather than county jail. If he hasn't already retained an attorney, he needs to do so sooner rather than later to start working on mitigation. It sounds like it would be a good idea for your friend to get into some intensive alcohol treatment and even a residential program, which he clearly needs and which can help in his case.
Every case is different, but if he is on felony DUI probation and was charged with another DUI with a BAC that high, he will in all likelihood be headed to prison at the end of this.
Probation will file a motion to revoke his current DUI probation based on the new charge and could issue him a summons to appear in court or request a warrant for the violation. He may have to post another bond for the probation violation in addition to what he has already posted for the new charge.
What is likely is that when the probation department learns of the new allegation, it will file a petition to revoke probation, and the prosecutor will almost certainly seek jail punishment. Until the violation is proved or confessed, he will not be jailed.