Possible punishments for a violation include jail time.
In California, driving under the influence of alcohol or drugs is considered to be a very serious crime. Yet most first-time offenders are not sentenced to jail, unless certain facts are present in the case (such as a person being hurt in the incident or other aggravating factors). Instead, many defendants in California DUI cases are sentenced to probation instead of jail time.
While on probation, defendants are required to comply with the terms and conditions of probation. This will likely include a number of requirements, from abstaining from drugs and alcohol to attending mandatory DUI school to AA to undergoing drug or alcohol counseling. It will also likely include conditions such as the payment of all of your fines. So what happens if you fail to comply with the conditions of your probation?
If you violate your DUI probation, you will have committed what is known as a probation violation (or a “PV”). As your Los Angeles DUI attorney can tell you, a warrant can then be issued for your arrest. You will then be taken before a judge, where the judge can decide to revoke your DUI probation and send you to jail for the remainder of your term. Alternatively, the judge could impose sanctions or place addition conditions on your probation. The judge’s decision may be based in part on the facts of your original DUI case as well as the seriousness of your violation. For example, if your original DUI involved you being heavily intoxicated with a blood alcohol content of .10 percent and hitting another vehicle, and your violation was driving drunk again, the judge would probably send you to jail. But if your original DUI involved you just barely being over the legal limit of .08 percent and the violation was that you missed a DUI class because you were sick, the judge may decide to impose sanctions, such as extra DUI classes, rather than send you to jail.
While conditions of probation may vary from person to person, there are some common DUI conditions that your Los Angeles DUI attorney has seen in most cases. This include attending all of your AA meetings, completing DUI school and attending the MADD victim impact panel, paying the court-ordered fines, and complying with your driver’s license suspension. You must also complete your required community service hours, not commit any new crimes, and not drive with any alcohol in your system. If you are on DUI probation, you must submit to a chemical test. Most DUI probation is for a term of 3 to 5 years.
If you are given a sentence of probation for your DUI, it is vitally important that you comply with all of the terms and conditions placed on you by the judge. If you do not pay your fines, fail to complete a program or otherwise do not comply with any of the conditions imposed by the court, there is a strong possibility that the judge will issue a warrant and issue further sanctions — which could include jail time or additional sanctions or conditions of probation.
If you have been charged with a DUI, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
