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Felony Violation of Probation with New DUI Charge

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  • 09-12-2010, 06:26 PM
    Lawignorant
    Felony Violation of Probation with New DUI Charge
    My question involves criminal law for the state of: California

    My boyfriend is currently on 5 year probation. He has been "clean" for 2 years but recently started using again. He was stopped and taken in on a DUI. This is his first DUI but he is in violiation of his probation. What is the possible outcome for him?
  • 09-12-2010, 08:04 PM
    cyjeff
    Re: Felony Violation of Probation with New DUI Charge
    Beyond the sentence for the DUI, he can be returned to prison for the remainder of the sentence as the court sees fit.
  • 09-12-2010, 10:08 PM
    KeyWestDan
    Re: Felony Violation of Probation with New DUI Charge
    Is he on probation for DUI? You state "felony violation" so I take it this DUI arrest is not the first and is thus a felony.

    If he is on five years probation for DUI then you can be sure that the probation will be revoked.

    If the DUI has nothing to do with the probation offense, then there is a slight chance he won't be revoked.

    And you certainly need a better class of boyfriend.
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