Violation the terms of your DUI probation can lead to serious consequences — including jail time.
In California, a DUI conviction will likely lead to a number of consequences, including possible jail time, probation, penalties and fines and mandatory DUI classes. Probation is often offered instead of jail time; in other words, if you successfully complete your DUI probation, you will not have to go to jail. This is just one of the reasons that it’s so important that you take your DUI probation seriously.
What Is Probation?
Probation is a form of supervision for a set period of time. During this time, the person on probation must comply with a set of specific conditions set by a judge. It can be either formal or informal; formal probation requires a person to report to a probation officer, while informal probation requires a person to complete the terms of the probation on their own. In most cases, DUI probation is informal.
For California DUI cases, probation is typically between two and five years, depending on the facts of the case. During the probation term, the person must complete the conditions of probation. If they fail to complete these items, they will be charged with a probation violation — which could lead to a sentence of up to 6 months in jail and a $1,000 fine. Probation conditions for a DUI may include:
- Avoiding further arrests and conditions (staying out of trouble)
- Completion of a DUI program
- Pay fines
- Comply with license suspension
- Community service
- Mandatory consent to preliminary alcohol screening when driving
- Prohibition on driving with any measurable blood alcohol content (BAC); if a person on probation has a BAC of .04 or more, their probation may be revoked
- Installation of an ignition interlock device
- Attendance at Alcoholics Anonymous meetings or other classes or programs
The actual conditions of probation will depend on the circumstances of the case and the individual judge. A skilled Riverside DUI lawyer can frequently negotiate more favorable conditions of probation for you.
Consequences of Failing to Comply with DUI Probation
If you fail to complete any term of your probation, from paying the fine to attending DUI classes, you will be in violation of your probation. This means that a judge could issue a bench warrant for your arrest, and even send you to jail for the violation. If you have a restricted license that allows you to drive to work or to school, the DMV may also revoke this license if you fail to complete your DUI classes.
In addition, if you violate your probation, then you may be prevented from having the conviction expunged from your record. In California, misdemeanor crimes can be expunged (or removed) from your record if you meet certain conditions. One of these conditions is the successful completion of probation. If you violate your probation, then the judge may not agree to to expunge your misdemeanor conviction — leaving you with a criminal record for life.
If you have been convicted of a DUI, it’s incredibly important to follow the conditions of your probation. A Riverside DUI lawyer can work with you to achieve favorable probation conditions — but it is up to you to comply with these conditions.
At the Chambers Law Firm, we are experienced in handling all types of DUI cases. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you get the best possible resolution to your DUI case.
