Most individuals convicted of driving under the influence (DUI) in Dayton, Ohio, are required to serve probation. A probation violation can result in jail time and additional penalties. Having an experienced Dayton DUI probation lawyer representing you is your best defense.
At Suhre & Associates, LLC, our DUI lawyers include a former prosecutor and police officer. Therefore, we understand how police officers, prosecutors, and courts handle DUI cases. Our DUI defense team has over 100 years of collective legal experience.
How Our Dayton DUI Defense Lawyers Can Help You With Your Criminal Case
Being accused of violating probation should be taken seriously. You need an aggressive criminal defense lawyer to handle your case. At Suhre & Associates, LLC, we fight to keep you out of jail so that you can continue to work and live your life while on probation for DUI.
When you hire our legal team, you can expect our Dayton DUI defense lawyers to:
- Investigate the allegations of probation violation against you
- Interview witnesses and gather evidence related to the alleged violation
- File objections and motions with the court
- Negotiate an agreement to resolve the violation
- Represent you in court to fight the violation to have it dismissed or minimize the penalties for a violation
Our criminal defense lawyers understand the criminal justice system. We have the unique perspective of having experience on both sides. Therefore, we understand the best way to fight probation violations to prevent your probation from being revoked.
Call our law office now to schedule a free consultation to discuss your case with an experienced criminal defense attorney in Dayton, OH.
What Is DUI Probation in Ohio?
Probation is a sentence imposed by the court for a guilty verdict or guilty plea. Subject to the terms and conditions of probation, the defendant is released from jail or avoids jail time. In Ohio, probation is commonly referred to as “community control.”
The terms and conditions of DUI probation vary. However, common conditions placed on defendants sentenced to DUI probation in Dayton include:
- Do not consume alcohol or illegal drugs
- Report to and cooperate with the probation office
- Do not violate any other laws
- Do not operate a motor vehicle without a valid driver’s license and automobile insurance
- Submit to random drug testing and alcohol testing
- Perform community service
- Pay court costs, fines, and victim restitution
- Complete a substance abuse assessment
- Participate in a substance abuse treatment program
- Do not patronize bars
- Undergo secure remote alcohol monitoring (SCRAM)
The judge may order additional conditions and terms depending on the criminal charges and the facts of your case. For example, the judge may restrict you from leaving the state without permission from your probation officer. In addition, the judge could impose a curfew or place restrictions on owning a weapon or firearm.
You may be sentenced to probation instead of jail. However, for felony OVI charges, you are likely to be given probation after the completion of a jail sentence.
What Penalties Are Imposed for Violating DUI Probation in Ohio?
Violating probation can result in serving the original sentence you would have received if the judge had not given you probation. In some cases, probation violations result in penalties in addition to the original sentence. If you are guilty of probation violation, the judge could:
- Reinstate probation under the same terms if there is a valid reason for the violation and the violation is minor
- Impose a longer probation term
- Add or increase restrictions and terms of probation
- Revoke your probation and send you to jail
Generally, there will be some punishment for a probation violation, except in cases of extreme emergency when you would not have had time to contact your probation officer to discuss the situation.
It is important to note that police officers can arrest you without a warrant if they have probable cause to believe you violated probation.
Are There Defenses to Violating DUI Probation in Dayton?
Do not panic if your probation officer says you violated probation or the police pick you up. Call our Dayton DUI probation lawyers to discuss a defense to the charges. Potential defenses to violating DUI probation include:
- You made an honest mistake
- The violation was not substantial, and you have a good reason for the violation
- You were mistaken as to the date and time of your meeting with the probation officer
- Mistaken identity
- The probation officer or the police violated your rights
- The violation was not within your control
As with all other criminal charges, the burden of proof for a DUI probation violation is beyond a reasonable doubt. However, do not rely on innocent until proven guilty.
If you are accused of violating probation, talk with a Dayton DUI lawyer immediately. You should fight a probation violation charge as aggressively as you fought the original DUI charges.
Schedule a Free Consultation With Our Dayton DUI Probation Lawyers
Being on probation can be restrictive. However, it can avoid a jail sentence or shorten a jail term. Unfortunately, a probation violation can make matters far worse.
Contact us to schedule a free consultation with a Dayton DUI probation attorney if you receive notice of a probation violation or if there is a chance that your probation could be revoked.