This guide is a step by step break down of the complex consequences to court and DMV for a 3rd DUI while on probation for prior DUIs
Breakdown of Cases
If you were arrested for a 3rd DUI while on probation for your prior DUIs, you will have at least 3 seperate legal issues your dealing with, maybe even 4.
3rd DUI While On Probation for 2nd DUI
If you were arrested for a 3rd DUI while on probation for your second DUI you have the following to worry about. 1. New 3rd DUI arrest, 2. DMV pertaining to 3rd DUI arrest, 3. DUI Probation Violation in the court your 2nd DUI was out of.
3rd DUI While on Probation for 1st and 2nd DUI
If you were on probation for both your first and second DUI and were then arrested for a 3rd DUI offense, you have the following legal issues to be concerned with: 1. 3rd DUI, 2. DMV charge, 3. Probation Violation for 2nd DUI in the court the 2nd DUI was out of, 4. Probation Violation for your 1st DUI located at the court your first dui was out of.
Can I move the Probation Violations to the Same Court as my 3rd DUI Charge?
So long as the probation violations are in the same county as your 3rd DUI Change, you can request the court move the probation violations to the new court jurisdiction. In some counties, inter county probation violations are automatically moved to the new court jurisdiction. However, before you request the PV be moved to one jurisdiciton or another, consult a DUI lawyer who focuses on multiple offense DUIs, as sometimes there are stragic advantages in NOT moving a probation violtion over to the new jurisdiction.
How Does Being on Probation Change the Consequences to my Drivers License?
If you were on probation when you were arrested for your 3rd DUI, DMV will seek to look at your case from a .01% standard instead of the normal 08% standard. In addition, defendants who are on probation when arrested for their new DUI are typically, but not always, rendered ineligable for a restricted license even with the installation of an igition interlock device. For more information, please see the below link as to 3rd DUI DMV information.
How Does Being on Probation Change the Consequences to my Court Case
First, standard DUI probation terms include not driving with any measurable amount of alcohol in your system, most require you to refrain from drinking at all. The minimum sentence for a 3rd DUI is 120 days county jail (alternative sentencing aside). The maximum sentence on a Misd 3rd DUI is 365 days county jail, however, if you're on probation and found in violation of probation, the court can seek for the remaining amount of jail on any one of your prior DUIs. For example, say for your 2nd DUI you did the minimum sentence of 96 hours or 4 days. This means, the judge could sentence you up to 361 days for the probation violation in addition to the 365 days for the 3rd DUI. Thereby, your max sentence is now 4 days shy of 2 years. To avoid jail, speak to an attorney who soley does multiple offense DUI cases such as yours.
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