What Happens if I Get a DUI While on Probation?

N.H. DWI GUY Profile Image


Manchester, NH


This often depends on what State you are in. Normally, while on probation, you are subject to what is called good behavior. Good behavior usually includes no crimes, including misdemeanors. DWI / DUI is usually a misdemeanor, which can subject you to a probation violation.

You do not actually have to be convicted of the DWI, or any crime, to be found in violation of probation. The State / Probation department can often act on an arrest alone. The Standard they usually have to prove is that it is more likely than not that you were not on good behavior. This is much less than proof beyond a reasonable doubt, which is required in a criminal case.

It is likely in your best interest to speak with a lawyer in your State. You may wish to start with the lawyer who worked with you on the first crime which put you on probation. You will likely want to fight any probation violation, as well as the underlying criminal charge of DWI.

Often, a plea can be reached that avoids triggering a probation violation. Again, it is very case specific, and you probably should consult with an attorney who handles criminal defense.