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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Unhappy DUI Charge First Offense While on Formal Probation

    My question involves criminal law for the state of: CA.

    I've searched through the threads and unable to find something similar.

    I am on formal probation for a plead to a felony count for a non DUI related charge. I was arrested for DUI, took the breathalyzer with a .10/.11 per the officer, he said he was going to show me but didn't, served my time in jail for my probation violation, and I have to go court for my DUI charge soon. I did not get into an accident, just pulled over on the highway, and cooperated with them like a baby. My probation conditions did not include anything alcohol related, my question is will my DUI charge be treated as a typical 1st offense? Will my previous felony plea and current formal probation condition result in a more severe punishment?

    I know the law now is much different than before; what is the normal punishment for something like this? I know I have to go to a DMV hearing for my license suspension and to request a restricted so I can drive to work. How long do they usually suspend your license? What are my chances to get a restricted license so I can get to work?

    I'm spinning my heels worrying about what will happen. If anyone can shed some light I will deeply appreciated.

    Any tips?

    Thank you.


  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,196

    Default Re: DUI Charge First Offense While on Formal Probation

    The penalty should not be affected by an unrelated prior conviction. However, your previous can com back to life, so to speak, and you could be violated for the previous offense as a result of the DUI.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: DUI Charge First Offense While on Formal Probation

    Quote Quoting cdwjava
    View Post
    The penalty should not be affected by an unrelated prior conviction. However, your previous can com back to life, so to speak, and you could be violated for the previous offense as a result of the DUI.

    - Carl
    Do you mean that due to my formal probation and getting the DUI that I will have violated my probation? If so, I have already served the time and saw a judge already to admit guilt. He just sentenced me to 30 days and now alcohol will be in my probation terms.

    If not, please clarify for me.

    Thanks for your input.

  4. #4
    Join Date
    Jan 2010
    Posts
    9

    Default Re: DUI Charge First Offense While on Formal Probation

    Yes, of course, it's a potential probation violation. Probation is given in lieu of jail time. Judges view it as a favor. The second you step off of the narrow path of righteousness, you're basically asking to be put in jail. I think that almost all terms of probation require you to report any arrest to your PO, and to steer clear of any illegal activity.

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