When arrested for a DUI, specifically a subsequent DUI, you may face a serious jail sentence. No one wants to go to jail, which is why you should team up with a skilled attorney to work for a probation alternative in your case. Probation can be serious and intense, but it is often preferable to a humiliating and lengthy jail sentence.
Some states have mandatory minimum jail sentences of at least one day for even a first-time DUI. A judge can also suspend your sentence in favor of probation if he or she sees fit. Oftentimes the supervised probation periods are much lengthier than a jail sentence. For example, an individual may face one week in jail or six months of probation. Oftentimes, probation also includes a required alcohol-substance abuse class and fines or license suspension. This means that while you are on probation, you may be unable to drive or may be required to abstain from all alcohol.
Most of the time, probation is offered when the prosecution arranges a plea bargain. In a plea bargain, you are required to plead guilty to your crime, but as a result you will be given a lighter sentence then if you had been found guilty after a trial. Plea bargains are ideal in cases where the prosecution has indisputable evidence against you and you don't believe that you have much of a chance to challenge the court on the issue. You will want to talk to an attorney before automatically accepting a plea deal. There are times when it isn't wise to accept the deal, especially if there is a high likelihood that you could prove your innocence in the court.
Not all DUI offenders are eligible for probation. Normally, individuals eligible for probation must be low-risk offenders. Some states only grant probation to first-time offenders, and often the court still has the right to impose jail time and revoke probation if they run into issues.
It is possible for DUI probation to be granted if this is your second or third DUI, but you will want to prove that you are employed and have a minimal criminal history. Also, some states require that you haven't had a DUI arrest in at least 10 years to qualify for probation. In some cases, you will have to prove that you have no history of substance abuse, or that you do not have a history of violence or mental illness. Often if the court determines you are a risk in any of these areas, it will jeopardize your ability to achieve probation.
Call a skilled DUI near you if you are worried about the consequences of your DUI and want to avoid jail time. An accomplished attorney may also be able to prove that you are innocent of your crime and deserve to be set free without any consequences. You want to be strategic and very cautious whenever you approach a DUI arrest. That is why it is very important to consult with an attorney before making any decisions.
This directory can help you to locate a skilled and respected DUI lawyer near your hometown who can come to you and assist you with your case. Whether you have been arrested for the first-time, or are under arrest for a second or third DUI, you will want adequate representation in your case. A shrewd attorney can look at your situation and determine the best way to proceed. Call today if you want to learn more about DUI attorneys, defense, or avoiding jail time and opting for probation!