The Commonwealth's attorney will probably argue that you should do the rest of your time for violation of the "good behavior' provision of your probation. Especially because the new offense is involved alcohol. When you are on good behavior, it means everywhere not just the county you're on probation in. At your court date, the judge will decide how much of that time you are going to have to serve. You are entitled to counsel for the show cause hearing and you need it.
You should hire an attorney to represent you. The prosecutor may argue for and the judge may impose the entire suspended sentence to be revoked.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
I suggest that you discuss your case in detail in a private and privileged setting with a locally experienced DUI or criminal defense attorney. Given your prior convictions and probationary status, the government will be looking to punish you harshly. Good luck.
I live and practice in Williamsburg and York. If you give my office a call they will set up a free consultation for you.
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