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 felony.
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.
- If your 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.