Getting a DUI While on Probation in Rhode Island: What Next?

Getting a DUI while on probation in Rhode Island threatens your newfound freedoms with reinstated penalties and restrictions. A single arrest can trigger immediate consequences before your DUI case is even resolved. For many people, it leaves them feeling hopeless and confused.

How Being on Probation Impacts Your DUI Charge

Over 17,000 Rhode Island adults are on probation, a time designed for readjustment to normal life. When you’re on probation, you’ve agreed to follow strict conditions set by the court, which could include:

• Obeying all laws
• Avoiding alcohol or drugs
• Submitting to alcohol or drug testing
• Regular check-ins with a probation officer

While probation can look slightly different depending on your charges and specific court orders, a DUI violates these conditions. So, if you have been charged with a DUI, you are left facing a probation violation as well as a DUI charge. These charges are handled separately, but could influence each other.

What Happens if You Are Charged With a Probation Violation?

Being charged with a probation violation after a DUI arrest follows a different legal process than a DUI, and can result in more immediate and severe penalties. To be charged with a probation violation, you don’t need to be convicted of the DUI. Instead, a judge would determine whether you broke the terms of your probation. The judge could use a variety of evidence, such as:

• Police reports from the DUI arrest
• Chemical test results
• Statements from your probation officer
• Your probation history and compliance record

Penalties to Expect After Being Charged With a DUI While on Probation

You may face penalties for both the DUI charge and probation violation. In the United States, almost 200,000 people were imprisoned for violating probation or parole. Penalties are likely to be more severe when there are factors such as repeated offenses, excessive blood alcohol content (BAC), causing injury or death, or if you refused chemical testing.

For a DUI charge, the first offense could result in:

• License suspension from 30 to 180 days
• Between $100 and $300 in fines
• Imprisonment for up to 1 year
• 10-60 hours of community service
• $500 highway safety assessment
• Installation of an ignition interlock device (IID)
• Educational course on drinking and driving and/or alcohol or drug treatment

Your probation violation could result in:

• Reinstating probation with stricter conditions, such as more frequent check-ins, counseling, or community service
• Extending the length of probation
• Ordering alcohol or drug treatment, testing, or monitoring
• Additional jail or prison time

Why Hire a DUI Lawyer in RI?

The stakes are significantly higher when you are on probation than in a standard DUI case. Not only are you defending against a new criminal charge, but you’re fighting to protect your probation. A Rhode Island DUI lawyer can:

• Understand both DUI and probation laws. A DUI lawyer understands how a DUI charge and probation violation interact and can evaluate your individual case to prepare you for court.
• Examine evidence. In many cases, a lawyer can scrutinize evidence to identify errors or violations of your rights that could lead to dismissing charges or reducing consequences. Such errors could include whether the traffic stop was lawful, whether chemical tests were administered properly, and whether the prosecution’s evidence against you is reliable.
• Negotiate for reduced consequences. An experienced lawyer can negotiate with prosecutors to seek outcomes including dismissed charges, shortened or avoided jail time, or lowered fines.
• Manage legal processes and offer legal advice. Managing a probation violation hearing and DUI charges can be stressful. A DUI lawyer is your optimal source of advice, ensuring you understand all requirements, meet deadlines, and avoid actions that could lead to additional violations.

FAQs About DUI While on Probation

What Happens if You Fail an Alcohol Test on Probation?

If part of your terms of probation included abstaining from alcohol, and you fail an alcohol test, your probation officer could initiate a probation violation. This is not uncommon, as about 70% of people struggle with alcohol use before supervised probation. There may be additional criminal charges depending on the circumstances that led to your failing an alcohol test. For example, after a DUI, failing an alcohol test can lead to criminal charges and a probation violation.

What Is Rule 35 in Rhode Island?

Rule 35 outlines the process by which an individual on probation can seek approval to end probation early. You must meet certain requirements, which include having been on probation for over three years, not being found guilty of violating your terms of probation, and having no active no-contact order against you. If you are eligible, a judge can determine whether you can end probation early after an investigation of your case.

Can You Be Charged With a Probation Violation if You Are Found Not Guilty of a DUI?

Yes, you can be charged with a probation violation if you were found not guilty of a DUI. If your actions violated the terms of your probation, you can be charged with a probation violation regardless of whether they did not constitute a DUI or if your DUI case was dismissed.

When Should You Contact a DUI Lawyer?

It is wise to contact a DUI lawyer as early as possible, especially if you are on probation. If you hire a DUI lawyer, there is a higher likelihood that your charges could be reduced or dismissed, or penalties could be less severe. Early legal guidance can protect your rights when speaking with law enforcement, prevent legal or law enforcement errors, and offer advice on what to do.

Speak With a Rhode Island DUI Attorney at Ellison Law LLC

A DUI arrest is stressful. A DUI arrest while you are on probation can make you feel like there is no way forward. At Ellison Law LLC, our attorneys have helped dismiss or reduce charges for hundreds of DUI cases, all while working on a foundation of respect and understanding for our clients. Contact us today to learn how experienced legal representation can preserve your freedom and challenge DUI charges while on probation.