Getting a DUI While on Probation for Domestic Violence

If you were convicted of domestic violence and placed on probation, you’d have to “obey all of the laws.” Even if you weren’t ordered to abstain from alcohol, if you were convicted of driving under the influence (DUI), you would be in violation of probation.

If you’re on probation for domestic violence and facing DUI charges, you’re in a sticky position. Now, you’re concerned about the current DUI arrest, and the possible probation violation. If one of your conditions of probation included refraining from drug and/or alcohol use, you will likely be found in violation and you need the advice of a DUI defense attorney.

Your lawyer will want to know specifically, “Was your domestic violence case alcohol-related?”

Conditions for Probation

If you’re on probation, you know how this works. Probation always comes with conditions or “strings” attached. In California, common conditions, include:

  • A mandatory fine
  • Attend individual or group therapy
  • Refrain from breaking any laws
  • Cal-Trans roadside work or community service
  • Mandatory attendance at a drug or alcohol program (e.g. AA meetings)
  • A requirement that you remain gainfully employed
  • A requirement that you stay away from the victim
  • A requirement that you abstain from drugs and alcohol

If you violate any of the conditions of your probation, you will have to attend a probation violation hearing. If one of your conditions was to stay away from alcohol, and you were arrested for DUI, then you can be sure that the court will find out about it, and you will be brought before the judge.

Unfortunately, the burdensome conditions placed on probationers in California means a large number of defendants violate one or more conditions of their probation. So, the courts are not unfamiliar with these types of cases.

Aside from failing to pay a fine or restitution, one of the most common probation violations is committing a new crime, such as DUI. You’re in a tough spot, and no matter what, you need help to navigate this as strategically as possible.

To learn more about your rights during a probation hearing and your defenses in a DUI case, contact the Law Offices of Virginia L. Landry, Inc. for a free case evaluation with an Orange County DUI attorney.

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