This is a common question that our firm gets asked all the time. There are situations when a series of facts on incidents occur that end up resulting in several charges being levied against an individual all at the same time. Most people are under that assumption that all of these will just combine into only one charge, even though the consequences might be more severe. This is simply not the case is most circumstances. If you have been pulled over and suspected of driving under the influence of alcohol, you might also be charged with violating the terms of your probation, if indeed you are actually on probation when you were pulled over a second time. Let us look at an example better understand how this works.
The Situation Explained
Let us imagine that you were driving home from a friend’s home one day last year. You had a few drinks at his home, and then you began the short drive back to your house. The police pulled you over because they suspected you of driving under the influence of alcohol. The case became rather stressful to you and there were many things going through your mind all at once. One of the mitigating factors in this case was that you had very little money to afford a good DUI lawyer in Los Angeles. When you went to be arraigned, the prosecutor in your case has made you an offer to have the case concluded if you were to plead guilty. You would serve no jail time and pay a small fine. The small condition attached to is that you will serve three years probation for the charge, which you immediately agree to because you just want this ordeal to be over with. You need to get on with your life so that the stress can begin to go away.
Everything in your life for the next year seems to be positive. You have even largely forgotten that you are even on probation. That is until the night that you drive home from a friends party after having a few drinks. You are swerving somewhat as you drive, causing a police officer to stop you and ask you if you have been drinking. You respond in the affirmative, but remark that you only had one drink. What you did not realize is that state law prohibits adults on probation from even having one drink and then getting behind the wheel. The normal BAC levels do not apply. If you have even a minute amount of alcohol in your system while driving, or have drugs and bongs, you can be charged with a DUI. This essentially becomes your second offense as it is based on the first.
What Happens Next?
If you are pulled over in such a situation, you will be charged with both a DUI and a violation of probation. Your DUI is what you will really be concerned about as it essentially becomes your second offense, making the penalties that much harsher. We have not even mentioned the probation violation, which can lead to another penalty on top of the DUI. It is also plausible to assume that, as a condition of the probation from the first offense, you agreed not to drive with any level of alcohol in your blood. Because of this, the double charge will be levied and you will need launch a solid defense in order to overcome this. Since you are being charged with a second DUI, you have essentially violated the terms of your probation, no matter how innocent you were in just having one drink.
You Need a DUI Lawyer
If you find yourself in such a situation, it is important to contact our office for assistance. We are DUI experts and we know how to fight DUI offenses and probation violations simultaneously. It is important to have legal counsel every step of the way so that your rights are protected. We will work hard on your behalf to minimize the pain and hardship that is caused by such a charge. Do not delay – contact our office today for a consultation and then move forward with your life.