For a client who was arrested for driving under the influence who has the
odds stacked against them,
DUI probation is an excellent alternative to incarceration. But, in order to receive
probation, the DUI defendant has to agree to follow certain conditions
set forth by the court.
If a defendant agrees to the conditions of their probation and he or she
fails to follow one or more of these conditions, they commit what’s
called a probation violation or “PV.” If a defendant is accused
of a PV, the judge can go ahead and revoke their probation and send them
to jail or prison depending if the
DUI was a misdemeanor or
Common DUI Probation Conditions
California imposes certain DUI conditions regardless if it’s the
defendant’s first, second, or subsequent DUI offense. Other conditions
are dependent on whether it’s the person’s first DUI, or if
they are a repeat offender.
General DUI probation conditions in California:
- Community service or Cal-Trans work on the side of the road.
- A base fine from about $400 to $1,000, however, the true cost can double
or triple once the other penalties and court assessments are tacked on
to the total.
- A driver’s license suspension ranging from 6 months to 4 years. You
may be eligible for a restricted license, which allows you to drive to
school, work, and DUI School, unless the judge believes that you are a
risk to public safety.
- Attend DUI School.
- From 3 to 5 years of informal probation. “Informal” means you
don’t have to report to a probation officer.
- You must not commit any new criminal offenses while on DUI probation.
- If you are arrested for DUI, you agree to submit to a chemical test (blood,
breath, or urine).
- You cannot drive with any alcohol in your system whatsoever. You cannot
even have .01% of alcohol in your bloodstream.
blood alcohol concentration (BAC) was 0.15% or higher, the judge will order you to install an Ignition
Interlock Device (IID)
at your own expense.
Note: Driving with a suspended license while on DUI probation is against the
law. If while on DUI probation you’re arrested for driving on a
suspended license, you will have violated your probation. Under California
Vehicle Code 14601.2 VC, you face hefty fines and a mandatory jail sentence if you drive while
your license is suspended for DUI.
If you’re facing DUI charges in Orange County,
contact our office for a free DUI defense consultation with a board certified
DUI defense specialist!