Being charged with a 2nd DUI is a serious situation that is made worse if you are still on probation for the 1st DUI. Not only do you face prosecution for the 2nd DUI within 10 years of the 1st which can result in a sentence up to 1 year in jail, the judge has the ability to violation your probation for the 1st DUI and sentence you up to the maximum in jail of 180 days.
The probation violation will "trail" or follow behind the proceedings of the 2nd DUI case. While the 2nd DUI must be proven by the prosecutor by the high standard of "beyond a reasonable doubt", the burden of proof for the 1st DUI probation violation is merely "more likely than not", or 51% that you violated a term or condition of your probation.
In most cases the probation terms violated when you picked up a 2nd DUI are either that you did not "obey all laws" or that you "drove with .01% blood alcohol level while on probation", since you were told "not to drive with any measurable amount of alcohol in your system" when you were sentenced for the 1st DUI.
You do have a right to a hearing before a judge for a probation violation, including the right to present witnesses and evidence. As noted, the amount of proof needed to violate your probation is less, and with a judge, not an open-minded jury sitting in judgment, the burden is even greater. Typically, the issue comes down to whether you beat the 2nd DUI case, because if convicted of a 2nd DUI, there isn't much of an issue that you violated your probation.
When you hire the Law Offices of Christopher J. McCann, APC, you have an attorney in Mr. McCann who has personally handled hundreds of such hearings and will challenge not only the prosecution's burden of proof on the 2nd DUI, but also the judge who will be trying to violate your probation. This means precluding the imposition of costly bail at your arraignment on the probation violation to keep you out of jail while the case is pending, all the way through the conclusion of the violation hearing where Mr. McCann will fight the basis for the violation and any attempt to force you to serve any part of a probation violation sentence in jail.
When you are facing a 2nd DUI case while on probation for the 1st DUI, your freedom as at stake. You need to hire an experienced attorney like Christopher J. McCann who will personally fight to beat both the 2nd DUI case as well as the probation violation to keep you out of jail. If you find yourself in that situation, you need to call me right away at 888-973-6193 or send me an email to schedule a free consultation.