Probation may be sentenced in addition to or instead of jail time.
The state of California takes driving under the influence very seriously. Even first-time offenders face the possibility of losing their drivers’ license, heavy fines and fees, probation and/or jail time, mandatory DUI school, and potentially community service or other requirements. Working with a DUI defense lawyer Los Angeles, CA can often help to reduce the severity of some of these consequences, but anyone convicted of a DUI under California law should still expect to receive some form of punishment.
For many first and second-time DUI offenders, a judge may order probation either instead of jail time or in addition to a jail sentence. Probation is a sentencing alternative that is often available, depending on the facts of the case. An experienced DUI defense lawyer Los Angeles, CA can advise you if probation may be an option in your case.
If you are granted DUI probation, you will be required to comply with strict conditions. These typically include a fine, which ranges from $390 to $1,000 for a first-time offense, jail time of between 48 hours and 6 months, and a suspended driving license. The jail time is typically suspended during probation, and can be reimposed if you violate the terms of probation. In many cases, you may be able to obtain a restricted drivers’ license, if the court believes that you are not a safety risk. In addition, DUI probation conditions will also require that you complete a drug or alcohol education program. These classes are mandatory, and the length of time that you must attend them will depend on whether it is a first or greater offense, and what your blood alcohol content (BAC) was at the time of your arrest. For example, if you are a first-time offender and your BAC was less than .20%, then you will be required to attend classes for a minimum of 3months/30 hours. If your BAC was greater than .20%, then you will be required to attend classes for a minimum of 9 months/60 hours. Finally, you will typically be required to abstain from alcohol and to not drink and drive while on DUI probation.
As mentioned above, a court can revoke your DUI probation if you fail to meet any conditions of probation. If you don’t pay your fine, go to your DUI classes, are caught driving on a suspended license, or violating any other condition of your probation, a judge could revoke your probation and order you to serve your jail sentence. Working with a seasoned DUI defense lawyer Los Angeles, CA can help you avoid this possibility and ensure that you fully understand the terms of your DUI probation.
Importantly, if you are on DUI probation, you are required to submit to a roadside breathalyzer test if you are stopped on suspicion of driving under the influence. This test is also known as a preliminary alcohol screening. As a general rule, Californians are not required to submit to these tests — unless they are under the age of 21 or on DUI probation. If you refuse to submit to this test while on DUI probation, your probation could be revoked.
If you have been charged with a DUI in California, the Chambers Law Firm can help. Contact our experienced DUI defense lawyers Los Angeles, CA today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
