If you are convicted of driving under the influence, or DUI, in the state of California you will be given a sentence that will vary depending on your situation and your criminal history. A large portion of these DUI sentences will be suspended in favor of a period of probation that you will serve as you go about your daily life.
Your probation will be supervised by the local county probation department. When you are on probation, you will have to report in or check in on a regular basis with your probation officer. You must also comply with any other terms that may be imposed as conditions of your sentence, such as serving time in jail, paying fines and completing a DUI school or alcohol treatment program.
If you fail to comply with the terms of your DUI sentence, you can face serious penalties, including imprisonment for one year for each misdemeanor charge and up to three years for each felony charge. You may have to pay additional fines or serve more time in jail because of the violation. On top of that, if your probation is revoked because of a violation you will no longer benefit from the original suspended sentence and will instead face the full consequences of that sentence.
The bottom line is that it is simply not worth violating your DUI probation unless it involves some type of extreme circumstance. If you do violate your DUI probation there are certain avenues and defenses that can help minimize the damage but they involve complicated legal procedures so it is best to avoid getting into this situation if at all possible.
It is important to understand that probation comes with a list of conditions that must be followed by the person put on probation. Most DUI sentences require 36 months of probation as well as several other conditions. There are many potential violations which you can commit during your probation and many ways in which your probation can be revoked.
The terms of probation will be set by the judge at the time of sentencing. The length of your probation can be anywhere from one to five years.
The conditions of probation are set by the judge as well. There are six general categories that must be met in order for you to remain on probation:
- You must obey all laws
- You must comply with an order to perform community service
- You must consent to home visits by a probation officer
- You must abide by any orders not to associate with any persons engaged in criminal activity or not to frequent unlawful places while on probation
- You may be required to submit to random search and seizure, including blood and urine tests, if there is probable cause that you have violated any law or term of your probation for a DUI conviction.
- You may be required to pay Court fines, fees, restitution and/or costs related to the caseYou could lose your freedom if you violate the terms of your DUI Probation. In addition, you will have a record that shows that you were convicted on felony charges and served jail time for those felony convictions. If this happens, it will take much more effort when seeking employment or applying for housing. A violation can occur in many forms and present itself at varying degrees depending on how strict your sentence is. Violations could include things such as: driving under the influence again; missing an appointment with a probation officer; failing drug tests; failing breathalyzer tests; testing positive for drug use during random appointments; tampering with or dodging breathalyzer devices put in place after a DUI conviction; testing positive for alcohol use while on bail pending legal proceedings after being arrested again on suspicion of being under the influence while driving; skipping court-ordered classes such as alcohol awareness classes or counseling sessions designed specifically around alcohol rehabilitation programs..