Results 1 to 3 of 3
  1. #1
    Join Date
    Jun 2005
    Location
    Texas
    Posts
    2

    Default Revocation of probation due to new DUI

    My girlfriend is going to court on the 15th of this month for a DUI case. She is only 19 and refused to take the breath test when the police officer pulled her over. I heard it is legal to refuse to take the breath test, but if you are under 21 it basically makes you guilty because they have no other way to test for alcohal? Regardless, my real question is this... She is on probation for a felony that happened about 1 year ago. If she is convicted guilty of a DUI does she go to jail/prison? or will they be less hard on her since she's under age... possibly giving her mandatory counceling for drinking and more probation time/community service? Her felony was assault. I believe "assault with a deadly weapon" because she had defended herself from a friend in her house that was beating up on her; but she used a kitchen knife over 6" long. It's a long story...

    She said a felony of that type carries a 2 - 20 year sentence, which they gave her 2 years probation for instead... if she's convicted of a DUI will they take away probation and put her in jail for the original felony?

    Sorry for all the questions. I just hate wondering and I don't like bringing it up all the time with her because it's an upsetting topic to think someone you care about is going to go away for such a long time.

    Any help is greatly appreciated! We live in Texas if that changes anything.

    Thanks,

    Jeff

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Probation Violation - Drunk Driving

    They don't have to convict her of a drunk driving offense in order to resentence her for the probation violation - they only have to demonstrate that she violated the terms of her probation. Sometimes probation orders are worded broadly enough that the refusal to take a breath test of itself could be a violation.

    Given the seriousness of the prior charge, your girlfriend would benefit from retaining counsel to represent her in relation to any probation violation proceedings as well as the drunk driving charges. Many judges will send a defendant to jail under the circumstances you describe; some might even send a defendant to prison.

  3. #3
    Join Date
    Jun 2005
    Location
    Texas
    Posts
    2

    Default

    That's what I was afraid of. She has a lawyer already I just havent been able to go with her to hear what he has to say. Thank you very much for your help.

    Jeff

    1. Sponsored Links
       

Similar Threads

  1. Retail Fraud / Shoplifting: Probation Revocation Due to Not Being to Pay Fines and Probation Fees
    By wstxyellowrose in forum Criminal Charges
    Replies: 2
    Last Post: 04-06-2011, 11:28 PM
  2. Retail Fraud / Shoplifting: Probation Revocation Due to Failure to Pay Fines and Probation Fees
    By wstxyellowrose in forum Criminal Charges
    Replies: 1
    Last Post: 04-06-2011, 11:26 PM
  3. Probation and Parole: Revocation of Probation
    By rkennison408 in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 01-15-2011, 06:13 AM
  4. Probation and Parole: Revocation of Probation
    By jsporty in forum Probation, Parole and Incarceration
    Replies: 5
    Last Post: 03-04-2009, 03:37 PM
  5. Probation and Parole: Probation revocation
    By w33z in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 03-16-2006, 02:03 PM
 
 
Sponsored Links

Legal Help, Information and Resources