Will I receive a violation of probation for a DUI ifI subsequently recieved a drunk in public in a different state?

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Will I receive a violation of probation for a DUI ifI subsequently recieved a drunk in public in a different state?

I received a DUI in CA in 12/09. I was formally charged in court with a typical minimum sentence in 02/10, since this was my first and only offense ever. I received “summary probation” for 3 years in CA. I live in MD, but was recently arrested on a charge of drunk in public in VA. The cops and magistrate said it was a very minor offense and even prepayable (class IV misdemeanor). Will CA find out about this? If so, will it be a violation of probation? What can I expect to happen?

Asked on August 30, 2010 under Criminal Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

States that are part of what is known as the Interstate Drivers License Compact share information regarding DUI's and DWI's so that they keep abreast of the goings on of their drivers.  California and Maryland are part of the compact but you were not driving, correct?  If it is a violation of your probation depends on what the terms were in California, but I would assume that getting arrested is a violation of most.  Were you a minor at the time of the incident in California?  And you pled guilty rather than go through a lengthy trial and jail time?  It is a guilty conviction and remains on your record so I would assume that it will come up at some point.  Seek legal help from an attorney in California.  Summary probabtion is offered when there is an assumption that the guilty party does not require constant monitoring.  You do not want it revoked.  Good luck.


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