What Happens If I Violate My Probation in a California DUI Case?

August 16, 2019

Violating your probation can lead to being arrested or your probation being revoked

What Happens If I Violate My Probation in a California DUI Case?

In most California DUI cases, the defendant is granted probation instead of being given jail time. Probation is generally considered a better alternative, as a person can stay out of jail. However, in return, that individual has to agree to abide by conditions of probation. If they fail to do so, they will be in violation of their probation.

When a defendant is sentenced to DUI probation, a judge will impose certain DUI condition. As a DUI attorney in Riverside, CA can explain, some of these terms and conditions will vary based on whether it is a person’s first, second, third or later DUI conviction. Other conditions will apply to all people convicted of a DUI or wet reckless offense in California.

These conditions may include the following:

  • Paying a base fine (amount depends on offense)
  • A driver’s license suspension (length depends on offense)
  • Attending DUI school (time depends on offense)
  • Incarceration in county jail for a set number of days (time depends on offense)
  • Three to five years of informal probation
  • Agreeing to submit to a DUI breath or blood test if arrested or stopped on suspicion of drunk driving
  • Not committing any additional criminal offenses while on probation
  • Not driving with any measurable blood alcohol concentration (BAC)

Depending on the specific case, a court may impose additional terms and conditions of probation. In addition, some conditions may be changed. For example, a judge may order a defendant to install an ignition interlock device on their vehicle in certain cases.

Other conditions that a court may impose include other conditions instead of jail time. For example, a judge may order Cal-Trans roadside work or community service instead of sending a defendant to jail. An individual may be ordered to pay restitution to a victim, or to be placed on house arrest.

Throughout probation, the court will require proof that a defendant is complying with the terms and condition of the program. If a defendant fails to provide this proof — such as receipts for payment of fines — then a judge may issue a bench warrant for their arrest. This type of warrant allows law enforcement to arrest a defendant and bring them before the judge. There, the judge can sentence the defendant for a probation violation.

Failure to comply with probation can lead to serious consequence, including revoking probation and sentencing the defendant to jail. This is why it is so important that you understand the terms and conditions of your DUI probation. If you are confused, ask your DUI attorney in Riverside, CA to explain them to you. That way, you can make sure that you will not accidentally violate your probation.

If you have been charged with a DUI, the Chambers Law Firm can help. Contact us today at 855-397-0210 or info@orangecountyduifirm.com to schedule a free initial consultation with a skilled attorney.

 

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