One of the penalties imposed on many California drivers who have been convicted
of DUI is probation. Often, a
DUI defendant will receive probation in lieu of jail time for a first DUI,
as this is usually much preferred over spending time in jail.
However, receiving probation is only the beginning. When a person is convicted
of DUI and they are given probation, their freedom comes with strings
attached. In order to remain out of jail, they must follow all of the
conditions of probation set by the court.
When a DUI defendant agrees to the terms of probation, they also agree
to the penalties that can be imposed if they violate any of their terms
Following Probation Terms Can Prevent an Arrest
The California courts enforce a common set of rules when they determine
probation for DUI defendants. These rules vary depending on the details
of the case and whether this was a first-time or repeat offense.
Common probation terms may include:
- Community service
- 3 to 5 years informal probation
- The defendant cannot commit any new crimes
- The defendant cannot drive with any alcohol in their system
- Chemical test requirement if pulled over
- Defendant must install an Ignition Interlock Device (IID)
- Defendant must complete DUI school
- Pay restitution to any victims affected by the DUI
Although probation can be violated in a number of ways, there are two common
ways that drivers break the terms of their probation. One is breaking
the Zero Tolerance Law, which means that any person who is on DUI probation
driving with any amount of alcohol in their system has broken the terms
of their probation.
A one year license suspension is often enforced for a driver that has broken
their probation, and individuals may face additional penalties, including
The second typical way a driver breaks their probation is by driving without
a valid license or insurance as a result of their DUI. Some insurance
companies will refuse their services to drivers convicted of DUI, and
driving a car without insurance is a punishable crime in California.
DUI Defendant Must Handle the DMV
It is the responsibility of the DUI defendant to work with the DMV over
the terms of their license suspension. If a driver on DUI probation breaks
the terms of their probation, a judge can also put a warrant out for their
arrest. This person can be arrested by authorities and brought straight to court.
If you violated the terms of your DUI probation (which happens), you could
be facing additional sanctions and consequences. To protect yourself from
these penalties, you should seek legal assistance from an experienced
attorney as soon as possible.
At the Law Offices of Virginia L. Landry, Inc., our lawyers are available
to provide a personalized, confidential consultation.
Contact our firm today to discuss your case for free!