When you commit a DUI in the state of Washington, probation is a common alternative to incarceration, especially if your offense was a first offense and your DUI attorney Tacoma helps you during your original trial. Probation is a period during which you have to prove that you can obey laws on drinking and driving. If you don’t get into any further trouble during the probation period, you will have fulfilled your requirements. If you do get into trouble, you can be found guilty of a probation violation and face penalties up to and including incarceration.
If you have been accused of a DUI probation violation, it is very important to contact a DUI attorney Tacoma. Your DUI attorney Tacoma can assist you in exploring all of your options for avoiding incarceration after a probation violation.
How a DUI Attorney Tacoma Can Help
In 1973, the Supreme Court of the United States ruled that people were entitled to due process of the law when they were accused of a probation violation. This means that your probation officer can’t just declare you committed a violation and that you should be punished. Instead, you are entitled to a hearing on the violation and given the opportunity to cross-examine the person accusing you of wrongdoing with the help of your DUI attorney Tacoma.
This means when you are accused of a DUI probation violation, you can hire a DUI attorney Tacoma to represent you at your probation revocation hearing. Your DUI attorney Tacoma will be able to help you to raise doubt as to whether you actually committed a violation. Your DUI attorney Tacoma can also assist you in arguing for leniency if there are no defenses available to you.
In many cases, DUI probation conditions include refraining from drinking or using alcohol. As such, if you are subject to an alcohol test and fail it, this can be considered a probation violation. Unfortunately, some tests used- including an eTg test that tests for alcohol consumption in the prior 80 hours, are prone to false positives. If you are being accused of a DUI probation violation as a result of a failed test for alcohol consumption, your DUI attorney Tacoma can help you to challenge that test in order to have a chance of disproving that the violation occurred.
To learn more about your options when you are accused of a DUI probation violation, and for assistance enforcing your legal rights and avoiding possible incarceration, contact your DUI attorney Tacoma as soon as possible after an alleged violation occurs.