Getting a DUI While on Probation

In Orange County and throughout California, when criminal defendants are placed on probation, it means they will be closely supervised by the court while they are out in the community. Generally, defendants much prefer to be “on probation” than to be behind bars. However, this freedom comes at a price.

When you’re placed on probation for DUI or any other offense, it comes with “strings attached.” You have to follow the rules, otherwise face the consequences. As most defendants quickly learn, the primary requirement of probation is they must be a law abiding citizen while on probation. So, they must keep their nose clean and stay out of trouble.

If you are arrested for DUI while on probation for a prior DUI or another offense, the DA will likely seek to have your probation modified or terminated. In the worst case scenario, you could be taken into custody and put behind bars.

Common Probation Conditions

As we mentioned earlier, probation is a favored alternative to jail or prison, and it’s dependent upon you performing all of your terms of probation. Probation always comes with conditions attached, which often require that a defendant:

  • Pay a mandatory restitution fine
  • Remain gainfully employed
  • Perform community service
  • Work on public works construction projects
  • Refrain from using drugs or alcohol
  • Doesn’t drive with any alcohol in their system
  • Doesn’t get arrested for another crime
  • Stay away from known criminals
  • Does not violate any laws

If you’re already on probation for a separate offense, and you’re arrested for DUI, not only are you facing the penalties for a DUI, but your present probation terms can be amended or revoked.

If you’re suspected of a probation violation (PV), your probation officer (PO) or a police officer may have you arrested and brought before the judge. Or, the judge could issue an arrest warrant in your name.

Representation at Your Probation Violation Hearing

The good news is that you have the right to a criminal defense attorney at your probation violation hearing, and our firm can help. At the hearing, our goal is to present any mitigating evidence that may have contributed to your alleged DUI, and hence probation violation.

Once your PV hearing concludes, what happens next is at the judge’s discretion. After considering your criminal history, the seriousness of the violation, and all other relevant factors, the judge may decide to:

  • Reinstate your probation so it has the same terms as before.
  • Modify the terms of your probation so they are stricter.
  • Revoke your probation so you serve your jail or prison sentence.

Even if you were arrested for DUI while on probation, having an experienced Orange County DUI defense attorney could make all the difference in the outcome of your case. Our goal is to persuade the judge to simply modify your probation instead of revoking it.

If you were arrested for DUI, call our office now to secure a high caliber defense lawyer!

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