I’mon parole for 245 (a)1. i just got my second dui. It is a misdemeanor. About how long will I be violated?

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I’mon parole for 245 (a)1. i just got my second dui. It is a misdemeanor. About how long will I be violated?

Asked on March 24, 2009 under Criminal Law, California

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 12 years ago | Contributor

If your parole has an 8b condition, or totally abstain from alcohol, this would be an automatic basis to revoke your parole.  If your parole is violated, you can request a parole revocation hearing, also known as a Morrissey hearing. The Board must also provide you with an attorney free of charge if you request one. But what usually happens is that they'll give you an opportunity to admit the violation and in return you get a minimal time in custody. Of course, all this depends on your prior records and if the original crime involved the use of drugs or alcohol. 

However, if there is no condition about the use of alcohol and  the DUI didn't involve a high blood alchol content and the didn't involve injuries, the parole agent may overlook it. Don't give the parole agent an excuse to violate your parole by not keeping your appointments, etc. I hope this information is helpful to you. Of course, you must demonstrate remorse.  Since you're on parole and this is your second offense, have the court appoint an attorney if you can't affordone.  He may be able to work out something with district attorney so the DUI can be reduced to an illegal lane change or an infraction, which won't be cause to violate your parole. I hope this information is helpful to you.

 


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