One of the ways that a California driver convicted of driving under the influence can avoid jail time is if they agree to participate in probation. Probation means that they must follow rules and regulations they otherwise would not have followed. If the driver does not comply by the terms of their probation, they may find themselves behind bars as a result.
Informal Probation Stemming From DUI Conviction
Depending on the seriousness of the DUI conviction, the person may face either a formal or informal probation. While a formal probation means that an individual must make frequent visits with a probation officer, an informal probation trusts that the person will agree with the terms without needing to check in with an officer.
An informal probation will generally require that the driver is not involved in any criminal activity, including driving under the influence, for a period of three to five years. During that time, they must submit to a BAC test if they are pulled over on suspicion of drunk driving and will break their prohibition if any alcohol is found in their system when driving.
California's Zero Tolerance Laws prohibit any driver convicted of a DUI from consuming alcohol and driving while they are on probation, regardless of whether or not they are legally drunk. If a driver is caught violating their probation, they may go to jail and face a one year suspension of their driving privileges.
Depending on where the driver lives in California, even a first time conviction can require that an ignition interlock device be installed on their vehicle. This will store BAC levels when the car is started and will prevent the engine from starting if the person's BAC is over a certain percentage.
If a driver is on probation, the best advice is for them to avoid getting into any trouble with the law during this time. The Law Offices of Virginia L. Landry, Inc. knows that mistakes happen. If you are on probation and have been stopped on suspicion of DUI, contact our firm immediately before you lose your right to drive in California.