New DUI in Georgia while on Probation: What will Happen?

By: Former Police officer Cory Yager and Criminal defense lawyer Larry Kohn, Partners in Kohn & Yager LLC and a probation attorney near me

When a person is charged with a new DUI in Atlanta (or other court location) and is already on probation for one or more prior offenses, probation revocation jail time is almost a certainty. Being charged with an additional DUI alone puts someone already on probation in an earlier criminal case at risk of having the balance of their probation revoked for the existing impaired driving case.

So, jail time is the default penalty for a probation violation in Georgia. Most probationers were told that by their criminal attorney, and by their probation officer. Because this is not a mere technical violation, like failing to pay required monthly fees or making a late probation payment, jail time is expected.

So, how much incarceration for that remaining probation period of that former case is the bigger question. Because over 1500 different judges (full time and part time) handle some level of criminal case sentencing in the Peach State, no template or pattern for predicting "damage control," can be offered to our client.

Generally, when a person is convicted of driving under the influence, one of the conditions of probation is that the person does not consume alcohol or drugs without a prescription and that they NOT violate the laws of any State of other governmental unit (e.g., a city ordinance violation, or county ordinance violation).

Dealing with Georgia Probation Violation Laws requires Legal Help

Our lawyers' vast experience in criminal defense for a violation of probation Georgia provides a benefit that most lawyers near me at other criminal law firms cannot replicate. But, with some judges, avoiding some jail time is not possible after the probation violation warrant is brought to her or his attention, regardless of whether this is a probation violation 1st offense.

But, with others, by taking immediate, proactive steps to have the client evaluated by medical or psychological professionals, and then working with the probation officer for our client to go into in-house treatment, some cases have been able to NOT have any new jail time.

Regardless of whether the person is convicted of the driving while intoxicated charges, they can violate their probation just for their consumption of alcohol. When this occurs, the person should expect a jail sentence for the probation violation GA and also be ready to submit to significant rehabilitation for alcohol or drug dependency.

If you have are facing a drunk driving or drugged driving charge while on probation in Atlanta, it is important to immediately consult with an experienced Atlanta DUI lawyer as soon as possible. An attorney can work to reduce or dismiss any consequences you may be facing.

Outcomes for What May Occur after Violations of Probation

The response to an individual's new drunken driving arrest when they are on probation depends on the reason and underlying facts for the prior probation. If the person is on federal probation for a felony, the DUI in a State Court may not be significant, in some situations.

When a person is on probation for an Atlanta DUI conviction (or in other city or county court) and subsequently offends with another intoxicated operation arrest, the person already expects to get jail time. Whether that is for weeks or more depends on at least 6 to 8 factors, starting with "who is the Judge?"

Unless your legal counsel crafts an acceptable alternative to having the person just sitting in jail, jailing is what is the "norm." Clients with a deep seated addiction could have medical complications from going "cold turkey."

When a person gets a DUI while on probation that puts them in jail, they may be dealing with their case from jail or some sort of rehabilitation program. The penalties are more severe because the person must deal with the probation violation as well as the new offense.

A person does not get arrested for violation of probation after receiving an Atlanta DUI charge; probation cannot be extended. But the probation can be revoked and later reinstated, and the person must continue to report on probation.

The penalties associated with getting a new serious traffic charge of any type while on probation in Atlanta depend on how much time is left on the probation. The judge can revoke the maximum amount of time the person has left while on probation and put the person in jail.

Typical Conditions of Probation for a DUI Conviction

Typical sentencing conditions of probation include suspension (or revocation) of the driver's license, use no alcohol, use no drugs without a prescription, undergo random screens, perform community service hours, complete DUI school, report to probation as directed, possibly complete alcohol and drug screening (and if recommended) get treatment and recommended other courses.

Receiving an Atlanta D.U.I. while on probation is a serious matter because the person faces potential jail time. This can disrupt a person's job and put the stability of their entire family at risk.

What Effect on Probation After an Acquittal in the New Case?

Any new arrest could be a violation of probation as could the consumption of any alcohol. In such circumstances, an individual can challenge any charges that may be associated with their Atlanta DUI. Our legal team monitors calls 24 hours a day, so CALL IMMEDIATELY for guidance on what needs to be done, and when.

The initial call is FREE, so what do you have to lose? Dial 404-567-5515 to speak to one of the guys who co-authors the State's leading book on Georgia DUI laws. The rules of probation in Georgia are clear that getting a new arrest can revoke all or part of your remaining probation.

A person's DUI case and the conditions of probation, however, have little to do with each other. The standard to violate somebody's probation is a preponderance of the evidence. The standard to convict someone of a DUI is beyond a reasonable doubt.

The standards are different from each other. The person can be found not guilty of the new Atlanta DUI, but still be in violation of their probation for drinking alcohol using drugs (or for another) traffic-related offense.