DUI While on Probation

Navigating Legal Challenges in Kittanning

If you find yourself facing a legal challenge in Kittanning due to committing a crime while already on probation, things can quickly become complicated. The prosecution will rigorously pursue the harshest penalties in such scenarios. Particularly, if you’re arrested for a DUI while on probation for a previous DUI offense, the consequences can be extremely severe. The legal system strictly forbids alcohol consumption during probation, and any breach can lead to significant repercussions. In such situations, contacting a knowledgeable Kittanning DUI lawyer is crucial to guide you through the legal proceedings.

Understanding the System During Your Probation Period

When arrested for a DUI while on probation, the legal process moves swiftly:

• Immediate Risks: There is a possibility of immediate incarceration without the option for bail.
• Probation Revocation: Your probation officer will file a statement documenting your new violation, leading to a revocation of your probation.
• Legal Representation: Your Kittanning criminal lawyer will employ their negotiation skills to advocate on your behalf with the prosecution.
• Trial and Mitigation: You will face a DUI trial, and your Kittanning criminal attorney will work to mitigate the sentence considering the probation violation.
• Sentencing: The final step involves sentencing, which will reflect both the current DUI offense and the probation breach.

The Three-Tier System Explained

Kittanning’s approach to DUI offenses is categorized into a three-tier system based on Blood Alcohol Concentration (BAC) levels.

First Tier Offense

A BAC between 0.08% and 0.099% falls under General Impairment, the least severe category. Potential consequences include:

• First Offense: Up to six months probation and a $300 fine, with possible requirements for entering a treatment program and attending alcohol highway safety school.
• Second Offense: Imprisonment ranging from five days to six months, a fine between $300 and $2,500, a one-year license suspension, and a requirement to install an Ignition Interlock Device (IID) for one year.
• Third Offense: Imprisonment from ten days to two years, a fine from $500 to $5,000, a one-year license suspension, and IID installation for one year.

Second Tier Offense

A BAC of 0.10% to 0.159% is considered high impairment. The penalties are more severe:

• First Offense: Fines between $500 and $5,000, imprisonment for two days to six months, a one-year license suspension, mandatory treatment program, and alcohol highway safety school attendance.
• Second Offense: Imprisonment from thirty days to six months, a one-year license suspension, fines ranging from $750 to $5,000, mandatory treatment programs, alcohol highway safety school, and IID installation for one year.
• Third Offense: Harsh penalties include imprisonment from 90 days to five years, fines from $1,500 to $10,000, an 18-month license suspension, mandatory treatment programs, and IID installation for one year.

Third Tier Offense

A BAC of 0.16% and above is the highest impairment, warranting the most severe punishments:

• First Offense: Potential imprisonment for three days to six months, fines between $1,000 and $5,000, a one-year license suspension, mandatory treatment program, and alcohol highway safety school attendance.
• Second Offense: Imprisonment for 90 days to five years, fines from $1,500 to $10,000, a one-year IID installation, an 18-month license suspension, mandatory treatment program, and alcohol highway safety school.
• Third Offense: Serious consequences include imprisonment for one to five years, fines between $2,500 and $10,000, an 18-month license suspension, and mandatory IID installation for one year.

Handling the Situation on the Road

• Avoid Resisting Arrest: Resisting arrest can be used against you in court.
• Do Not Admit to Being Drunk: Avoid acknowledging intoxication at the scene.
• Refrain from Statements: Do not make any statements without your Kittanning DUI lawyer present.

Defense Strategies by Your Lawyer

For a comprehensive defense, rely on an experienced Kittanning criminal lawyer who will thoroughly evaluate the charges against you and formulate a robust legal strategy. Your Kittanning DUI attorney will explore every avenue to have the charges dismissed or negotiate for a reduced sentence in more severe cases. Remember, each DUI probation case is unique, requiring a tailored approach.

For a free consultation with one of our esteemed Kittanning criminal attorneys in our Logue Law Group, contact us online or call (844) PITT-DUI. Protecting your legal rights and peace of mind is our priority.