Recently on our DUI legal forum a user asked, “I have been on DUI probation for two months after my first DUI (driving under the influence) conviction. I recently violated my DUI probation, and I know the court has issued a bench warrant for my arrest. I am really scared. I do not want to go to jail. What should I do? What happens if I flee?”
Many DUI offenders may serve part of their jail term and then be released prior to serving their full court-imposed sentence, this is considered parole. While a DUI offender is on parole they will have to comply with the terms of their release agreement. Parole is basically a gift from the state and allows the criminal offender to serve their
What if the offender does not meet the terms of their release? If the terms are violated the parolee will likely be sent back to jail.
How does the court decide if you qualify for parole?
Parole regulations vary by state. Generally whether or not you will get parole will depend on the following:
- The defendant’s criminal history
- The crime committed
- The date the crime was committed
- The length of the sentence already served
- The severity of the offense
- The number of previous crimes committed
- The psychiatric history of the defendant
- The actions of the inmate while they were incarcerated
- Whether the defendant was committed of a felony or a misdemeanor
Some states do not allow parole for offenders who have committed prior offenses such as robbery, manslaughter, homicide, arson, sex crimes, burglary, aggravated sexual assault, kidnapping, felony child abuse, drug trafficking or felony child neglect.
Arrested for DUI
If you have been arrested for DUI the state believes that you were either operating a motorized vehicle with a blood alcohol concentration (BAC) above the legal limit of 0.08% or higher or with a BAC which was high enough to impair your driving and lowered your physical or mental capabilities to drive safely.
Arrested for DUI while on parole for another offense
If you have been released on parole part of the parole agreement is that you would comply with state and federal laws. Additionally, you may be required to be employed, check in with your parole officer and refrain from drug or alcohol use.
If you fail to meet the requirements of your parole you may face penalties for the parole violation in addition to criminal charges if you are charged with a crime. If you violate your parole you have the right to due process, which means you will have a hearing, the state will present evidence against you and you will have the right to defend yourself against the charges to avoid returning to prison. So if you are charged with a DUI, the court will schedule a parole violation hearing. The rules and processes for this hearing vary by state.
If at the parole violation hearing the parole board decides that you have violated the terms of your parole they will schedule a revocation hearing. Whether or not your parole will be revoked will depend on the violation. If you have been charged with violating your parole it is best to speak to a lawyer to find out the best course of action to avoid going back to jail.