If you have violated your probation in Pennsylvania by getting another DUI, your next steps are crucial to your future – especially if your probation prohibited you from drinking alcohol.
Your probation will most likely be legally retracted, which will leave you with the risk of jail time and fines. Which makes it absolutely critical to immediately hire an experienced DUI defense attorney to combat the prosecutor’s probable aggressive arguments in court on why you should face the music for violating the terms of your probation.
Is Alcohol Always Prohibited While on Probation?
This stipulation varies from case to case. While some defendants are allowed to drink alcohol while on probation, others have a specific condition that forbids them from drinking alcohol if the initial offense was because, in fact, they were charged with driving under the influence.
Regardless, anyone who is on probation should be careful when drinking alcohol because of the added risk of committing another crime while under the influence.
How the Legal System Knows if You Drink While on Probation
Depending on your probation, there are a few ways that the courts can monitor your alcohol intake, such as:
The SCRAM Monitor Bracelet
The Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet is an electronic ankle bracelet that monitors and samples someone’s perspiration every 30 minutes to be able to tell if they drank alcohol or not, which is then reported to the court system.
Random Alcohol Tests
Through random alcohol EtG tests, or ethyl glucuronide (a byproduct of ethanol), alcohol can be measured in the urine. The only drawback is that the results show alcohol in the urine for 48 to 72 hours after drinking, and only if the person had multiple drinks.
The Next Steps in Your Violation of Probation in Pennsylvania
After you have been arrested for a DUI while on probation, the process of the legal repercussions will begin, which starts with a court appearance for your DUI. The next steps will typically involve:
- Your probation officer will file a statement of your probation violations and the process of revocation.
- You are being arrested, sent to jail, and possibly denied bond.
- Your defense attorney, will meet with you to discuss your case and negotiate those details with the prosecutor.
- Your hearing, where your defense attorney will attempt to lessen the penalties of probation violation in front of a judge.
- Your sentencing.
How a Pennsylvania Defense Attorney Can Help Your DUI on Probation Case
If you have been charged with a DUI while on probation, you need a Pennsylvania DUI defense attorney experienced in knowing how to best fight and lessen your charges. A few of the most common defense strategies they may utilize will be proving there was:
- A misleading field sobriety test led by untrained or uncertified police officers
- An inaccurate blood alcohol concentration (BAC) test conducted
- An illegal search and seizure by police officers
- No legal reason to pull you over, so any evidence collected at the stop is inadmissible