While mistakes happen, a West Palm Beach County DUI as a violation of probation can have serious consequences for you. These consequences become much worse if you are already on probation for a DUI or substance-related offense. If you have violated your probation by being charged with a DUI, speak with a capable DUI lawyer that could work tirelessly to build your case.
New Standards of Proof for the DUI
Being arrested for any charge including can count as violating the terms of probation but a West Palm Beach DUI as a violation of probation can have serious consequences. If a person is acquitted in a new DUI case, whether they go back on probation or not depends on if the standard of proof is different. If they are on probation, the standard of proof for violating their probation is referred to as Clear Conscience of the Court.
That has been explained as when the court is pretty much certain that a person has violated the terms of their probation, they are guilty of violating their probation. For a new subsequent charge such as a new DUI, the standard of proof is different, it is called beyond a reasonable doubt and it will be up to a jury to decide whether or not they are guilty of the offense, so the standard of proof for violating their probation is much less than it is for committing a new crime.
Potential Acquittal Does Not Invalidate Violation of Probation
There are scenarios where a person can be acquitted of a new crime but they could still be in violation of their probation for simply being arrested on a new charge while on probation. For instance, the best example would be if a person is on probation for DUI and they are told that they are not to consume any alcohol, illegal narcotics, or controlled substance without a prescription and they are then later stopped and it is suspected and may be even proven that they did consume alcohol and the person did consume illegal drugs or controlled substances.
They may not have consumed enough alcohol or enough of that drug to be guilty of a DUI, but because they did consume alcohol or illegal drugs, the person committed West Palm Beach DUI as a violation of probation. That is a good example of how a person can be acquitted of a new charge and a new DUI because they are not impaired and did not have enough alcohol, yet the terms and conditions of their existing probation where they do not consume any alcohol are violated. Therefore, a person is not guilty of a crime but is guilty of violating the probation.
How the Courts View DUI Violation as a Probation
Getting arrested for a West Palm Beach DUI as a violation of probation can become a serious matter because DUIs are considered to be a serious crime and they have the potential to cause a lot of damage to innocent people as well as property, they can injure someone or they can damage their property.
If a person committed another DUI, the court is going to feel that they are a danger to the community, then it becomes a serious matter because the judge will look to protect the community and if the judge does not feel that a person is in control of him or herself when it comes to alcohol, drugs, and controlled substances, the only way to control that person from not using those substances and not driving while under the influence of those substances is to lock that person up in the jail. It becomes serious to get arrested for a new DUI while they are on DUI probation because a person is considered a threat and a danger to the community.
Penalties Associated With Getting a DUI While on Probation
If a person is on probation for a DUI, and if they get a second DUI within five years of a prior a DUI and are not on probation, it is a minimum mandatory 10-days jail in the State of Florida. If a person is on probation for the first DUI, they have not finished the probation for the first DUI and are going to get a second DUI, then they know they are in serious trouble because not only are they inside the five year window, they are inside the period of probation where they are not supposed to be drinking and not supposed to be driving.
The penalties associated with getting a West Palm Beach DUI as a violation of probation normally involve some type of incarceration or restricted liberty and it is up to their West Palm Beach DUI attorney to provide some options to them and the court to try and preserve and protect their liberty.
An example of that is that they may recommend a person go to some type of residential rehabilitation program, a detox program, or an intensive outpatient program, anything that shows that the person who is accused of a DUI while on probation for the first DUI now realizes that they do have a problem and are willing to take responsibility for that and is taking steps to show that the problem is being addressed by being treated by licensed professionals. If someone has violated their probation and wants to know what their next steps should be, they should consult a qualified DUI attorney that can advise them on the best course of action.