If you’re convicted of a DUI in California, you will likely be placed on probation. Read on to learn more about what this means — and how failing to comply with your probation terms can impact your life.
If you are convicted of a DUI in California, you will face a number of legal consequences, from a license suspension to mandatory DUI school to possible jail time. In many cases — particularly for first-time offenders — probation is offered instead of jail time. If you successfully complete your DUI probation, you will be able to avoid jail. In other cases, probation is required in addition to jail time — and failing to comply with the terms of your probation could land you in jail.
Having a seasoned Los Angeles County DUI attorney to represent you in all DUI proceedings is critical to protecting your legal rights and freedom. In many cases, your DUI defense lawyer can negotiate a favorable deal that results in probation instead of jail time. If you are given DUI probation, it is important to carefully follow the rules and complete every requirement. If you violate your DUI probation, there could be significant consequences.
DUI Probation Basics
Probation is ordered in many different types of criminal cases, from shoplifting to disorderly conduct and DUIs. It is a type of supervision for a pre-determined period of time, and is generally offered only for non-violent offenses. If you have been put on probation, you have to follow the rules imposed by the judge. These rules will vary depending on the crime you have been convicted of, but they often include things like staying out of trouble, avoiding drugs and alcohol, and performing community service.
Formal probation requires a person to report to a probation officer at set times, and may include testing for drugs or alcohol. Informal probation allows you to complete the terms of your probation on your own.
In California, DUI probation is typically informal; this means that you will not have to report to a probation officer, but you will still be responsible for meeting all of the terms and conditions of probation. If you do not complete the terms of your probation, you will be charged with a probation violation — which could result in 6 months in jail and a fine of up to $1,000. It is usually ordered for between two and five years; the length of time may increase for more serious or repeat offenses.
California DUI probation terms can vary by county and by the judge who assigns the probation. However, there are some relatively standard conditions which you should expect if you are convicted of a DUI. It includes completing the ordered DUI school time and community service, paying all fines and penalties, avoiding additional arrests, complying with your license suspension, and (depending on where you live) installation of an ignition interlock device. When you are on DUI probation, you are also prohibited from driving with any measurable blood alcohol content. You also give your consent to a preliminary alcohol screening when you are behind the wheel of a car; you no longer have the right to refuse a roadside breathalyzer test when you are on DUI probation. An experienced Los Angeles County DUI attorney can help explain the terms and conditions of your probation, and may be able to negotiate better terms for you.
What Happens if I Violate My Probation?
As mentioned above, if you do not comply with any item of your probation, you could be charged with an additional violation. If you have a restricted license, it may be revoked. You could be facing jail time and additional fines. Moreover, violating your DUI probation may make you ineligible for having your record expunged. This means that your DUI conviction will follow you for life. Failing to comply with the terms of your DUI probation has serious consequences — which is why it is so important that you read and understand your probation requirements and follow them closely.
The Chambers Law Firm offers top-notch legal representation to anyone charged with a DUI in Los Angeles County and the surrounding areas. We will vigorously defend you against DUI charges, and will negotiate the best possible deal for your case. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
