DUI While on Probation

Getting a DUI in Pennsylvania is bad at any time. When you are already on probation for a different criminal conviction, getting a DUI charge can be especially problematic. If you are convicted, your probation may be revoked. You may also have to serve time for both your underlying DUI offense as well as the new crime or conviction. At DiCindio Law, we represent people who are charged with all sorts of crimes, including DUI offenses when people are already serving probationary sentences.

Understanding probation

If you have received a sentence of probation, you are expected to adhere to a number of conditions. You may have to complete community service, meet with your probation officer, and appear in court when you are scheduled to do so. Depending upon the offense or your conviction, you may also be required to stay away from specific places or people or to refrain from using alcohol or drugs. Nearly every probationary sentence also includes a prohibition against committing new criminal offenses. In nearly every case, a DUI conviction will be counted as a violation of probation.

Determination of a probation violation

If you are accused of committing a violation of your probation, you will be scheduled for a hearing before a judge. The judge will hear your case and decide whether you violated the conditions or terms of your probation. At this hearing, the prosecutor is required to prove that you violated your probation by a preponderance of the evidence. This simply means that it is more likely than not that you committed what you are accused of doing. This burden of proof only applies to your probation hearing and not to the DUI offense itself. The prosecutor in your DUI case will need to prove that you committed the offense beyond a reasonable doubt to secure a conviction.

If you are convicted of a DUI or plead guilty to the offense, the prosecutor will be able to meet his or her burden of proof in your probation violation hearing. If you have only been charged, the judge in your case may make a determination based on the evidence in your DUI case according to the strength of the case against you or may continue your probation violation hearing until the new case is resolved.

What happens if you are found to have violated your probation?

If you are found to have violated your probation, judges have a number of different options available to them at your sentencing. The judge may add more time to your probation, order you to complete inpatient treatment, impose additional fines, order you to attend counseling, or revoke your probation and send you to jail.

If you are convicted of a DUI when you are on probation, the judge may order you to serve either a brief time in jail or up to the maximum time allowed for your underlying probationary offense. If you are facing a DUI charge while you are on probation, it is crucial for you to contact an experienced criminal defense lawyer.

What are the steps in the probation violation process?

When you are arrested for driving under the influence while on probation, the probation violation process will begin. You will have to appear in court for the DUI. Your probation officer will learn about your charges and start the process to revoke your probation by filing a statement of your violations with the court.

If you are arrested for violating probation, you may be sent to jail and be denied bond. Your lawyer can negotiate with the prosecutor to secure a bond or to establish that a probation violation did not occur. You will have to appear before a judge for a hearing about your alleged probation violation. Your defense lawyer will attempt to lessen the penalties if you are found to have violated your probation.

How will your DUI case be handled?

Your DUI case will proceed separately from your probation revocation proceeding, and any sentence that you might receive for a DUI conviction will be in addition to any sentence that you receive for violating your probation. The court may order any jail time to be served either concurrently or consecutively.

Pennsylvania follows a three-level system that is based on your BAC to determine the penalties for a DUI. The first tier is for a BAC of 0.08% to 0.099%. For the first offense at this level, you may be sentenced for up to six months of probation, be ordered to pay a $300 fine, be ordered to complete an alcohol safety school, and be ordered to attend a treatment program.

If you are convicted of a second offense DUI as a first-tier level, you may face from five days up to six months in jail and be ordered to pay a fine ranging from $300 to $2,500. You may also have your license suspended for one year and be ordered to install an ignition interlock device in your car.

For a third offense at the first tier, you may face from 10 days to two years in prison and be ordered to pay fines from $500 to $5,000. Your license will be suspended for one year, and you will have to install an ignition interlock device in your vehicle for one year. You may be ordered to complete a treatment program.

A second-tier DUI offense is for BACs ranging from 0.10% to 0.159%. For the first offense at this level, you may face from two days to six months in jail, a fine of $500 to $5,000, one year of license suspension, and attendance at an alcohol safety school. You may also be ordered to complete a treatment program.

A second offense DUI at the second-tier level could result in 30 days to six months in jail, a fine of $750 to $5,000, a one-year suspension of your license, mandatory installation of an ignition interlock device, treatment, and attendance at an alcohol safety school.

A third offense at the second-tier level may result in 90 days to five years of imprisonment, fines ranging from $1,500 to $10,000, an 18-month suspension of your license, attendance at a treatment program, and mandatory installation of an ignition interlock device.

The third tier is for people who have a BAC of 0.16% or higher, and people who are charged at this level face the most severe punishments. If you are convicted with a first offense at this level, you may be ordered to spend from three days to six months in jail, pay a fine of $1,000 to $5,000, face a one-year license suspension, be ordered to attend alcohol safety school, and possibly be ordered to attend treatment.

A second offense at the third tier may result in 90 days to five years in jail, a fine of $1,500 to $10,000, an 18-month license suspension, alcohol safety school, completion of a treatment program, and installation of an ignition interlock device for one year.

For a third offense at the third tier DUI level, you may be ordered to serve from one to five years in prison, pay a fine from $2,500 to $10,000, have your license suspended for 18 months, attend treatment, and have an ignition interlock device installed in your vehicle.

Get help from an experienced criminal defense attorney

If you have been charged with a DUI while you are on probation, it is important for you to retain an experienced criminal defense lawyer who is able to handle both your probation violation case and your DUI offense. Contact DiCindio Law today to schedule a consultation.


DISCLAIMER
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

DiCindio Law, LLC opens newly renovated West Chester Office

DiCindio Law, LLC opens newly renovated West Chester Office building.

Located in downtown West Chester, Chester County, Pennsylvania and built in 1900 – the firm’s building has undergone a top to bottom renovation/restoration with the idea of preserving and repairing the building to the beauty it once was and providing Mike’s client’s with a comfortable and accessible office location and atmosphere.

Mike DiCindio looks forward to continuing to serve his current and future client’s for years to come at this new location.

West Chester Criminal Lawyer and West Chester Personal Injury Lawyer

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Chester County Intermediate Punishment Program (IPP)

In our culture today one of the most common criminal charges, one that fills county dockets across state of Pennsylvania, is Driving Under the Influence (DUI). While many first-time offenders may be eligible for the ARD program (read more by clicking the link) there are many times where this is not offered or an individual is not eligible – possibly due to the facts and circumstances surrounding the DUI charge, possibly because of a prior criminal offenses or possibly it is not a first offense driving on the influence charge for the accused. In all of these cases, individuals who have been charged with a Driving Under the Influence / DUI offense face the potential of harsh mandatory incarceration sentences, potential supervision and conditions.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

In these circumstances in Chester County, the Intermediate Punishment Program (IPP) is set up in a manner that allows first, second and potentially third offense Driving Under the Influence / DUI offenders to apply and, if deemed eligible and accepted by the court, receive a much less harsh imprisonment sentence mixed with electronic home confinement and community service.

While this Chester County Intermediate Punishment Program (IPP)  does not reduce the potential license suspension in these matters, it is a beneficial program when there are no legal arguments of merit that can be viewed as likely to win the case either before or at trial. In these matters, a skilled criminal lawyer may recommend this as the most beneficial potential outcome for a client.

It should be noted, in Chester County there are more offenses that may be eligible for the IPP program – still, the vast majority are DUI and DUI related suspension matters.

To read more about the IPP program or to see Chester County’s IPP chart go to the Chester County IPP website or contact DiCindio Law, LLC to speak to Mike DiCindio about your case today.


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

 

 

Driving Under Suspension DUI Related

Under Pennsylvania law and the Pennsylvania vehicle code a person who is convicted of driving under the influence of alcohol or a controlled substance will usually face a suspension of his driving privileges. If someone’s driving privileges are suspended due to a prior driving under the influence arrest and conviction now under what is commonly called “Driving Under the Influence – DUI Related Suspension.”

West Chester DUI Lawyer

West Chester DUI Attorney Michael D. DiCindio, Esq.

Once someone’s license is suspended based upon a prior DUI conviction, your license remains suspended “DUI related” until their privileges are restored. In the event that a “DUI Related Suspended” driver is caught operating a motor vehicle he will be subject to mandatory incarceration of up to 90 days and a mandatory fine. This is called “Driving Under Suspension, DUI Related,” and is charged under 1543(b) of the Pennsylvania vehicle code.

For someone who has been charged under 1543(b) Driving Under Suspension DUI Related, there are often times many ways to defend the case. The Commonwealth must prove that there was valid notice of the suspension given to the Defendant. The Commonwealth must also prove that the driver was in fact the suspended individual. Over everything they also must have had a valid read reason to stop the vehicle.

A skilled criminal defense lawyer will be able to determine whether or not there is a plausible defense theory either to the law or to the facts of a specific situation. If there is not, negotiations may secure a plea to a charge without mandatory incarceration or drastically reduced incarceration – depending on the county as well as the facts of the specific case.

If you or a loved one has been arrested or cited for Driving Under Suspension DUI related under 1543(b) contact DiCindio Law, LLC today, speak directly to Mike DiCindio and begin preparing your defense.

 

 


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

 

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale