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DUI While on Probation
When you’re in Butler and find yourself committing a crime while on probation, things can quickly become complicated. The prosecution will stop at nothing to pursue the harshest punishment in such cases, especially if it’s a repeat offense like a DUI charge. The consequences can be incredibly dire as the legal system strictly prohibits alcohol consumption during probation, and any violation can result in severe consequences. In such a difficult situation, it’s crucial to reach out to a skilled Butler PA DUI Lawyer immediately for guidance and support in handling the charges.
How the System Works During Probation Period
Once you’re arrested for a DUI while on probation, the path to conviction is set in motion swiftly:
- Immediate Incarceration: There’s a possibility of immediate incarceration without a chance of release on bond.
- Probation Revocation: Your probation officer will file a statement documenting your fresh violation and revoke your probation.
- Negotiating with Prosecution: Your Butler PA Criminal Lawyer will put their negotiation skills to the test as they advocate for you with the prosecution.
- Facing Trial: You will have to face a trial for the DUI charge, and your attorney will strive to mitigate the sentence considering the probation violation.
- Sentencing: The final stage of the process is the sentencing.
Three-Tier System
In Butler, DUI cases follow a three-tier system based on the accused’s blood alcohol concentration (BAC) levels.
First Tier Offense
A BAC level between 0.08% and 0.099% is classified as General Impairment, which is the lowest level of punishable offense. Here’s what you could face:
- First Offense: Probation of up to six months, a $300 fine, and potential requirements for a treatment program and alcohol highway safety school.
- Second Offense: Imprisonment between 5 days and six months, a fine of $300 to $2,500, one year of license suspension, and the installation of an Ignition Interlock Device (IID) in your vehicle for one year.
- Third Offense: Imprisonment between 10 days and two years, a fine of $500 to $5,000, one year of license suspension, and the installation of an IID for one year.
Second Tier Offense
For blood alcohol concentration between 0.10% and 0.159%, considered high impairment, the following punishments may apply:
- First offense:
- Fines ranging from $500 to $5,000
- Imprisonment for two days to six months
- One-year license suspension
- Mandatory treatment program
- Attendance to Alcohol highway safety school
- Second offense:
- Imprisonment for thirty days to six months
- One-year license suspension
- Fines of $750 to $5,000
- Mandatory treatment program
- Attendance to alcohol highway safety school
- Installation of an IID for one year
- Third offense:
- Strict penalties include imprisonment for 90 days to 5 years
- Fines from $1,500 to $10,000
- 18 months license suspension
- Mandatory treatment program
- Installation of an IID for one year
Third Tier Offense
A blood alcohol concentration of 0.16% and above is considered the highest impairment, carrying severe punishments:
- First offense:
- Possible imprisonment for 3 days to 6 months
- Fines between $1,000 and $5,000
- One-year license suspension
- Mandatory treatment program
- Attendance to Alcohol highway safety school
- Second offense:
- Imprisonment for 90 days to 5 years
- Fines ranging from $1,500 to $10,000
- Installation of an IID for one year
- 18 months license suspension
- Mandatory treatment program
- Attendance to alcohol highway safety school
- Third offense:
- Serious consequences include imprisonment for one to five years
- Fines between $2,500 and $10,000
- 18 months license suspension
- Mandatory installation of an IID for one year
How to Handle The Situation on the Road
- Do not resist arrest as it can be used against you.
- Refrain from acknowledging that you are drunk.
- Do not make any statements without the assistance of your Butler PA DUI Lawyer.
How Your Lawyer Will Defend You
To receive a thorough defense, rely on a skilled Butler PA criminal lawyer from Butler who will carefully assess the charges against you and devise a robust legal strategy. Your attorney will explore every available option to have the charges fully dismissed or, in more severe situations, negotiate for a lighter sentence. Remember, each DUI probation case is unique, requiring a personalized approach.
For a complimentary consultation with one of our esteemed DUI defense attorneys in the Butler area, reach out to us online today or give us a call at (844) PITT-DUI. Your legal rights and peace of mind matter to us.