In California, most
first-time driving under the influence (DUI) convictions involve probation. DUI defendants
generally consider probation to be a “favorable alternative”
over having to go to jail. In order to stay on probation and avoid jail,
DUI defendants must comply with all the terms and conditions of their
Let’s say that you were to be granted probation. If you happened
to violate one of your terms of probation, you would have committed a
probation violation or “PV.” If the District Attorney charges
you with a PV, a warrant for your arrest can be issued and the judge can
decide to revoke your
DUI probation and send you to jail or prison.
In other words, it’s the prosecutor’s way of saying, “We
gave you a second chance, but you didn’t take it seriously, so now
we’re going to punish you.” Does the judge always revoke a
DUI person’s probation? Not always, sometimes the judge imposes
sanctions or additional conditions instead. Other times, the judge sentences
the violator to jail or prison – a lot of it has to do with the
nature of the original DUI and the seriousness of the violation.
For example, suppose you were charged with
felony DUI because you seriously injured someone in a
drunk driving accident. Now, while on probation, you’re re-arrested for DUI again. In that
case, you would most likely have your probation revoked.
What are the common DUI probation conditions?
- AA classes,
- Community service,
- Pay court-ordered fines,
- Driver’s license suspension,
- Complete DUI School,
- Attend MADD Victim Impact Panel,
- Between 3 and 5 years of probation,
- Do not commit any new crimes,
Do not drive with
any alcohol in your system, and
- If you are arrested for DUI, you must submit to a chemical test.
If you are placed on probation, it’s critical that you comply with
all terms and conditions set forth by the judge. If you fail to complete
a program, or fail to pay your fines, or fail to pay victim restitution,
or fail to complete your community service, or fail to adhere to any other
condition imposed by the court, the judge will probably issue a bench
warrant and have you arrested. Once you’re brought before the judge,
you can be sentenced for violating an order of the court – and that
is not good.
If you’re accused of violating your DUI probation,
contact our Orange County DUI defense firm at once for a free case evaluation!