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Can my husband get a probation violation for a DUI in another state?
Anonymous2 views2 answers
My husband is on Misdemeanor probation in Ada County, Id for 4 years. He is 11 months into his term and last night he was arrested for a DUI in Nevada. Do we report this to his PO in Idaho? Will he get a parole violation?
Do you "need" to report this to the PO? Well, typically ALL probationary sentences come with a condition of remaining law abiding and report an arrests or law enforcement contacts to the PO. I cannot give you legal advice, but I'm sure the PO things he should report a DWI arrest from another state AND that if he doesn't report that THAT alone (the failure to report an arrest in another state) is a probation violation. Will he he get a "parole" violation? I assume you mean "probation" violation: Most likely yes. consult with a local Idaho atty. to put the best case together to show alcohol treatment, rehabilitation, family responsibilities, etc. so that the Judge doesn't throw the book at your husb.
I agree with the previous answer. I practice in Arizona but I can't imagine that a Dui in another state would not be a probation violation nor can imagine a situation where he would not be required to report the arrest for the DUI. Your husband needs to consult with an Idaho attorney right away to discuss the probation violation and a Nevada lawyer to discuss the DUI. As a Arizona attorney I cannot give you legal advice concerning Nevada or Arizona law, but it is possible Idaho might wait to see what Nevada does before making any decisions. If Idaho discovers the Nevada DUI and he has not reported the consequences may be more severe.