What happens if you get arrested for intoxication and you had unsupervised probation?

Asked on January 13, 2013 under Criminal Law, Indiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Several things could happen depending on your probation officer, the prosecutor assigned to handle your case, and (eventually) the judge on your case.   If you are arrested for a new offense, then the judge could revoke your probation and sentence you to a length of confinement consistent with the range of punishment for the offense that you are on probation for.  (i.e. if the max punishment for your offense is up to two years, then the judge could require you serve a sentence anywhere from the minimum sentence to the max of two years).  Intoxication is not a major offense, so there are options other than outright revocation.  The court could modify your probation to now require you to report, to attend drug/alcohol counseling, to perform more counseling, or any other conditions that would address any issues related to your underlying case or your subsequent arrest for intoxication.  No attorney can guarantee what a judge will or will not do, but if you haven't had any other issues while on probation, you do have a good chance of having your probation only modified since this is not the most major of infractions.  In the end, however, it will depend on the judge and the recommendations of your probation officer and the prosecutor.

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