DUI / OVI Probation Violations in Cincinnati, OH
An Ohio DUI probation violation is a very serious criminal charge in Ohio. There are a variety of issues to keep in mind and consider if you are facing an OVI while on probation. Not only have you violated your probation, but you are also now facing a new OVI charge.
Probation in Ohio—whether for DUI/OVI or another offense—is often preferred over jail time. However, violating probation terms can lead to severe consequences, including jail. If charged with a DUI-related probation violation, or if you’re caught driving under the influence while on probation for a different crime, seek guidance from an experienced Cincinnati defense lawyer.
Our DUI Probation Violation Lawyers Can Help
When the weight of an OVI-related probation violation looms over you or a loved one, the Cincinnati DUI lawyers at Luftman, Heck & Associates offer guidance and stability. After all, you’re probably wondering: “Will I face jail time?” “What should I do now?”
With considerable experience handling DUI probation violations, the DUI lawyers, Brad Groene and Juliea Crumes of LHA, are well-versed in Ohio OVI law and are ready to protect you. Call (513) 338-1890 for a free and confidential case evaluation. We’ll go over what happened and what’s next.
Ohio OVI / DUI Probation Violations
Probation, termed ‘community control‘ in Hamilton County, Ohio, is a court program to monitor an individual’s behavior. After an OVI conviction, a judge may place you under probation, imposing specific conditions. These conditions can range from required actions, like community service, to prohibited actions, such as consuming alcohol.
If you are currently on probation for a Cincinnati DUI offense, it is essential to heed the mandated conditions, or else you will be in violation of your probation. For example, if you are prohibited from consuming alcohol and your probation officer or law enforcement suspects or smells alcohol on you, then you may face a probation violation.
You may also be expected to adhere to a curfew, obey laws and orders, report to a probation officer regularly, stay in the state unless permitted to travel, participate in drug or alcohol testing, complete alcohol treatment, and/or maintain employment.
Common DUI Probation Violations
DUI-related probation violations are breaches of the specific conditions set by the court following a DUI conviction. Here are some common examples of such violations:
- Subsequent Alcohol or Drug-Related Charges
- A Failed Alcohol or Drug Test
- Not Attending Mandated Programs
- Driving Without a Valid License
- Not Installing or Tampering with an Ignition Interlock Device
- Failing to Report to your Probation Officer as Scheduled
- Violating Curfew
- Traveling Out of State Without Permission
- Failure to Pay Fines or Restitution
- Not Completing Community Service
- Associating with Known Criminals
- Visiting Bars or Liquor Stores
- Refusal of a Breathalyzer or Chemical Test
It’s crucial for individuals on DUI probation to fully understand and adhere to all their probation conditions to avoid these and other potential violations. If someone is uncertain about the terms of their probation or believes they may have violated them, they should consult with a legal professional immediately.
Not Everyone is Placed on DUI Probation
The decision to impose probation in a criminal case varies. While some judges might place every DUI/OVI offender on probation, others might reserve it for repeat DUI offenders. For first-time offenders, some judges may choose not to impose probation.
DUI Probation Violation – Penalties & Consequences
Violating any condition of your DUI-related probation can lead to severe consequences, ranging from additional probationary terms to possible jail time, based on the jurisdiction, the specific conditions of probation, and the nature of the violation. However, some common consequences include:
- Revocation of Probation: The court can revoke probation entirely, meaning you might have to serve the original jail or prison sentence for the DUI.
- Extended Probation: Probation can be extended beyond the original term.
- Additional Fines: You may be ordered to pay additional fines beyond what was initially imposed.
- Community Service: Additional hours of community service might be required.
- Counseling or Treatment: The court may order you to attend additional counseling sessions or enroll in an alcohol or drug treatment program.
- Jail Time: Even if your original DUI sentence did not include jail, a probation violation might result in time in custody.
- Tighter Restrictions: The conditions of probation might become more stringent. For example, the court may order more frequent check-ins with a probation officer, impose a curfew, or mandate using an ankle monitor.
- Longer License Suspensions: Additional suspension time could be added to your driver’s license, or if they were working towards getting their license reinstated, that process might be halted or reversed.
DUI Charges While on Probation
When you’re charged with an OVI while on probation, not only have you breached the probation conditions, but you’re also confronted with a new OVI charge. The consequences following such a violation vary depending on the type of probation you’re on:
- Reporting Probation. You will likely need to inform your probation officer and law enforcement of the new offense you are facing. For specific instructions and guidelines regarding the proper course of action for violating probation, consult your paperwork from the probation department.
- Paper-Based Probation. In this case, you must be convicted for the new OVI offense to violate your current probation. For specific instructions and guidelines regarding the proper course of action for violating probation, consult your paperwork from the probation department.
In addition to any punishment for the new DUI charge that caused your probation violation, you’ll also face additional consequences for not meeting your probation requirements:
- Time served on your probation will not count toward your sentence.
- Your initial sentence can receive additional charges or be upgraded.
- Your ability to post bond may be removed from future arrests.
- You may have to go to jail for the remainder of your probation.
- It can be much more challenging to have your criminal record expunged.
If you are facing an OVI while on probation, consult an attorney as soon as possible. Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed. You do not have to go through this experience alone.
Frequently Asked Questions About Getting DUIs & Probation
How Long Does DUI Probation Last in Ohio?
The duration can vary, but it often ranges from six months to five years, depending on the severity of the offense and prior convictions.
Is Drinking Alcohol Permitted on DUI/OVI Probation in Ohio?
Generally, one of the standard prohibitions during DUI/OVI probation is the restriction against consuming alcohol or using illegal drugs. However, the conditions can vary depending on the judge’s discretion and the individual’s record.
Do I Need an IID During Probation?
For certain offenses, especially repeat DUIs, the court may require an Ignition Interlock Device.
Can I Travel Out of State while on DUI Probation in Ohio?
Typically, you’ll need permission from your probation officer or the court to travel outside the state while on probation.
Can I Get My DUI Probation Terminated Early?
In some cases, yes. You can petition the court for early termination if you’ve complied with all conditions and demonstrated good behavior.
Facing an Ohio DUI Probation Violation? Call LHA Today.
Given the gravity of DUI/OVI probation violations, consulting with a capable attorney is imperative. These cases are not open and shut, and there is a lot a lawyer can do to improve your situation.
Whether it involves proving you did not commit a violation or mitigating the harm done, the Cincinnati criminal defense team at Luftman, Heck & Associates has a strong track record of defending individuals charged with OVI while on probation. Let us help you, too. Contact LHA at (513) 338-1890 for a free and confidential consultation to get started.