Then, the P.O. may decide that this violated the probation's terms even if there is no conviction, because if there is proof that one was consuming alcohol, then this is a violation of probation even if the DUI does not "stick."
If the DUI sticks and is a conviction, then this itself also is a violation of the probation, since being convicted of another charge is a violation of probation.
As such, there can be several outcomes:
1) The P.O. decides to let this go with a warning. This all depends on the relationship between the PO and the Defendant. Some POs are nicer than others. This is also much more likely if there is no conviction for the DUI; if there is
a conviction for the DUI, the P.O. is less likely to ignore this.
2) The P.O. reports this to the prosecutor who files a motion to revoke probation based on (a) consumption of alcohol or (b) a conviction for the DUI.
If #2 happens, then the following can occur at the Court
A) The Judge may revoke probation and sentence
the person to imprisonment;
B) The Judge may order "shock probation" where the person is imprisoned but for a short time only, and then is placed back on probation;
C) The Judge lengthens the probationary period and/or the restrictions but does not imprison the person; or
D) The Judge orders classes/rehab as part of A, B, or C above.
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