Violating DUI Probation in California

What is DUI Probation?

In California, most people who are convicted of driving under the influence (DUI) are placed on probation. DUI probation is a favorable sentencing alternative because it allows offenders to be supervised in the community instead of having to spend months in jail where they’re unable to work and care for their families.

What Are the Common Terms of Probation for DUI?

Some DUI conditions depend on whether you’re facing charges for your first, second, or subsequent DUI offense, while others are general conditions imposed on all DUI offenders, regardless of their criminal record.

Some of the general DUI conditions imposed on offenders include:

  • DUI School,
  • Pay a fine,
  • Informal probation for three to five years,
  • A condition that you cannot commit any new crimes, including driving without a license or insurance,
  • A condition that if you’re suspected of DUI, you will submit to a chemical test upon request,
  • A condition that you do not drive with any alcohol in your system,
  • You spend a certain number of days in jail, and
  • Driver license suspension (may be converted to a restricted license, which allows you to drive to work, school, and DUI School).

Note: If while on DUI probation you’re caught driving without a valid license or automobile insurance, the court can decide that you violated your probation, which could lead to fines and a mandatory jail sentence.

It’s not difficult to violate your DUI probation. If you fail to pay your fines, fail to install an Ignition Interlock Device as ordered, fail to attend DUI School, fail to attend a MADD Victim Impact Panel, fail to perform community service, fail to show proof of completion, or fail to appear at any of your court hearings, the judge can issue a bench warrant for your arrest.

What Happens If I Violate DUI Probation?

When someone receives DUI probation, they must comply with a certain set of conditions. If they fail to follow one or more of these conditions, they have violated their probation – this is called a “parole violation.”

Violating the terms of your probation can lead to several consequences:

  • The judge could revoke your probation and reinstate your original jail  sentence
  • The judge could revoke your probation and impose the maximum jail sentence
  • The judge could order you to attend counseling
  • The judge could extend your probation length and impose additional terms
  • The judge could order you to perform community service
  • The judge could order substance abuse treatment 

Depending on the violation and the severity of it, you could be facing a variety of unfavorable terms and conditions as a result of violating your DUI probation.

Accused of violating your DUI probation? Contact the Law Offices of Virginia L. Landry, Inc. for a free case evaluation.

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