Getting a DUI while you’re already on probation can lead to serious consequences. Let our DUI attorneys help. We serve clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.
Georgia courts often place a defendant convicted of driving while under the influence (DUI) on probation as part of their sentencing. Individuals who violate their DUI probation can face extensive consequences.
Unfortunately, many defendants don’t fully understand the requirements of their probation and the consequences of violating their DUI probation. If you have been charged with DUI while on probation, it takes a skilled DUI defense attorney to protect your rights.
At Banks, Stubbs & McFarland LLP, our DUI attorneys have successfully handled many cases where someone gets a DUI while on probation. Our law firm focuses heavily on the Georgia DUI defense. We understand the stakes when a DUI occurs while a client is on probation. Our experienced DUI attorneys will fight to protect your rights and your freedom.
Georgia law offers certain convicted defendants the ability to satisfy a prison or jail sentence outside of jail or prison. DUI probation offers defendants a chance to avoid serving a prison sentence as long as they follow certain guidelines. Depending on the circumstances, a Georgia judge may send a convicted individual to jail for part of the sentence then allow him or her to serve the rest of the sentence at home, while on probation.
Probation sentences vary depending on the crime committed. Probation periods can last anywhere from a few months to several years. Georgia criminal court judges place conditions on the defendant’s probation.
General probation conditions include the following:
Special probation conditions in Georgia include the following:
When defendants violate any of their probation terms, a Georgia criminal court judge can revoke the defendant’s probation. Upon revocation of probation, the defendant must serve the rest of his or her sentence in jail. When defendants drink alcohol or take non-prescribed drugs, they violate their probation conditions. Before revoking the defendant’s probation, the judge who sentenced the defendant typically holds a probation revocation hearing.
At the hearing, prosecutors present evidence or testimony. If the defendant is facing a DUI charge, prosecutors will submit proof of the DUI probation violation. The defendant will have the opportunity to dispute the charge by presenting testimony or evidence that refutes the alleged probation violation. If the judge determines that enough evidence exists to revoke probation, the defendant will serve the rest of his or her sentence in a jail or prison.
Individuals facing DUI charges during probation face serious consequences. If they do not succeed at their probation revocation hearing, they will be transported to jail to serve out their remaining probation. Serving time in jail can negatively affect nearly every aspect of an individual’s life. Individuals who are serving jail sentences face stigma after serving their time. Finding employment, housing, and other necessities is often more challenging for individuals who have served time in jail. This is why having proper legal representation during probation revocation hearings is crucial.
In addition, prosecutors enjoy a less stringent burden of proof at probation revocation hearings. It is easier for them to prove that an individual violated the terms of his or her probation than to prove that he is guilty beyond a reasonable doubt, as required at a criminal trial. At Banks, Stubbs & McFarland LLP, our skilled attorneys know how to argue effectively and persuasively during probation revocation hearings.
For example, we may be able to argue that the crime for which the individual is serving time is not related to the DUI or alcohol consumption allegations. We can also challenge the evidence submitted against our clients in probation hearings. In many instances, Georgia law enforcement officers do not correctly administer roadside DUI tests. Perhaps they did not properly calibrate the DUI testing equipment or violated the legal rights of the suspect.
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.