DUI While on Probation

If you want to know more about what to do following a DUI offense received while on probation, seek the services of an Alabama DUI while on probation lawyer. A proactive DUI attorney could devote the time and resources necessary to pursue a positive outcome for you. Call today and know that you are in capable hands.

In Alabama, if a person is on probation for DUI and picks up a new DUI charge, the person has two problems: the new charge and a potential probation violation for the previous charge. Any sentence that was suspended is now in jeopardy of being placed into effect. Therefore, it is very important to hire and seek counsel from the very best DUI defense lawyer possible, because there are ways to mitigate and avoid probation being revoked on the original case.

In Alabama, if a person is on probation and a violation of probation is filed against the person, this usually means that they picked up a new charge or violated a term of their original probation, such as not having paid off their court cost and fines, not having completed court ordered programs, or not having followed the court’s directives.

If a probation violation is filed, a person can have that dealt with in one of several ways. The court could revoke the probation and the person would have to serve whatever time had originally been sentenced. The court could modify the terms of probation by either increasing the duration of probation, increasing programs, or increasing supervision. The court may continue on probation under the original terms that were given as well.

In Alabama, the legislature is continually modifying, changing, and becoming more aggressive with regards to the DUI statute. In July of 2018, the legislature did a drastic overhaul of the Alabama DUI statute. Three main things were included or added that citizens of Alabama need to know. The look-back period to determine if a person’s offense is a first, second or third charge was changed from five years to 10 years. The second matter deals with the ignition interlock device. The third change deals with felony DUIs.

Prior to July of 2018, Alabama only looked back five years for previous charges. The look back period was from the date of conviction. This meant that an experienced Alabama DUI while on probation lawyer could delay the case if a potential client was charged with a DUI between four and five years after a prior conviction, waiting until the five-year mark was reached to avoid harsher penalties. However, the new law became active for any DUI arrest after July 1, 2008.

Alabama now looks back to 10 years for prior convictions and the look-back period is determined from the date of arrest versus the date of conviction. This change means that a lawyer no longer can delay the case to avoid harsh penalties, as the date is determined from the date of arrest. With this change, one can expect more severe penalties in years to come.

For a long time, Alabama had very few felony DUI cases because the look-back period was so short and most good Alabama DUI while on probation lawyers could use delaying tactics. The new 10 year look back means that felony DUIs will be more prevalent because there is no ability to wait for prior convictions to expire. The DUI statute now says that once convicted of felony DUI, any subsequent DUI arrest is automatically a felony DUI case regardless of how long ago the previous conviction occurred. This is a drastic change from the previous State of Alabama felony DUI laws.

The last portion of the major overhaul of the DUI statute has to do with the ignition interlock device. Even on a pretrial diversion, if a person gets a case dismissed, the person must have an ignition interlock device installed for a minimum period of six months or the term of the program, whichever is longer.This requirement can be avoided if there is no certified interlock provider within a 50 mile radius of the person’s residence, place of business, or place of employment. The interlock also has been added to the convictions for first, second, and third felony DUIs.

On a first-time DUI, a person must have an ignition interlock device installed for 12 months. If the person has a blood-alcohol concentration of 0.15 or greater or refuses to take the test, they must have an interlock device installed for 12 months as well. On a second DUI, an ignition interlock device is mandatory regardless of whether it was refusal or increased blood-alcohol level; as it is on a third charge in three years and a felony charge within four years. On a first-time DUI, if a person’s BAC is under a 0.15, they can avoid any driver’s license suspension with the ignition interlock for a period of 90 days.

With these new changes to the DUI law, it is very important for any Alabama citizen accused of DUI to consult with an experienced Alabama DUI while on probation lawyer to understand how these changes in the law could affect their case.