A probation violation leads to different penalties, including revoking the probation and imposing the original jail sentence, imposing a tougher jail time, extending your probation, or adding extra terms. This can significantly impact the outcome of a DUI case.
An experienced Los Angeles DUI lawyer will help you understand your rights and protect your future. By seeking professional legal help, you can navigate the complexities of the legal system with confidence and work towards achieving the best possible outcome for your situation. Call us today, and we will help you get quality legal assistance.
What Counts as a Probation Violation
If you are convicted of DUI in California, you will receive at least three years of probation on top of your sentence. Probation is a period of special scrutiny during which you are supposed to show that you are reformed and will be a law-abiding citizen. It comes with a wide variety of special conditions.
If you break any of these conditions, you will be subject to penalties for a probation violation. In a DUI case, any of the following will count as a violation of your probation:
Driving With Any Amount of Alcohol in Your System
If you are pulled over and a breath or blood test shows you’ve been drinking, you automatically violate your DUI probation. This is much stricter than it is for other citizens.
Normally, California’s limit for alcohol in your system is 0.08% blood alcohol concentration (BAC). However, during your probation, the limit is 0.01% (the smallest detectable amount). The same goes for having any drugs in your system.
You Refuse a Breath, Blood, or Urine Test
If you are pulled over and arrested for any new DUI charge, and you refuse to take a chemical test, you have violated your probation for your previous DUI charge. (Refusal is also a separate charge in its own right.)
You Fail To Show Proof of Enrollment in a Court-Ordered Program
At a minimum, your probation will require that you enroll in a court-approved DUI class. You may also be ordered into alcohol or drug treatment, community service, a deterrent program, or other special programs. You must show the court proof that you have enrolled in these programs. If you do not, it’s a violation.
You Fail To Complete the Programs
Simply enrolling in a program is not enough. You must attend and complete it. Upon completion, you will receive a certificate from the program. Failure to submit this certificate to the court by the deadline is a violation.
You Don’t Pay Restitution
If you cause an accident or injure someone, you will be ordered to pay restitution. Again, not showing proof of payment by the deadline is a probation violation.
You Don’t Pay Your Fines
Failing to pay fines and court assessments by the deadline is an automatic violation.
You Fail To Comply With Other Probation Terms
You may be ordered to install an ignition interlock device on your vehicle, wear a SCRAM bracelet, or carry out other special conditions. Failure to do these and submit proof is also a violation.
You Don’t Show Up for Court Appearances
Most probation does not include additional court appearances after your sentencing. However, if you are given any more court appointments, such as a restitution hearing or probation hearing, you must show up, or you have violated probation.
What Happens if You Violate Probation?
If you violate probation in any of the above ways, the judge will issue a bench warrant. This is usually done automatically. If you miss any appointment or deadline, such as the deadline to submit proof of completing DUI school, the courts will process a warrant and send it out to law enforcement. You will then be arrested and brought back to court.
The judge can then issue any or all of the following consequences:
- Revoke your probation and impose the original jail sentence: For example, if you agreed to do 10 days of community service instead of 10 days of jail and then didn’t complete the community service, you may be sent to jail for the full 10 days.
- Impose a tougher jail: Instead of the original 10 days of jail time, for example, the judge could give you the maximum sentence; six months for a first-time DUI or a year for many repeat DUIs, or the judge could give you anywhere in between.
- Extend your probation: The whole probation period may start over or be extended.
- Add additional terms: The judge may keep your original probation terms but add more, such as addiction treatment, on top of community service. They may also order counseling.
The best way to avoid a probation violation is to have a good DUI lawyer fight your DUI and get you an acceptable outcome. If you’re already facing a probation violation, a DUI lawyer can help you keep the penalties to a minimum.
A Statistical Overview of DUI Arrests in Los Angeles
The data from the California DMV’s report on DUI arrests by county highlights trends in drunk driving incidents within Los Angeles County (LAC) over three years. In 2018, there were 24,642 DUI arrests, which decreased slightly to 23,529 in the following year. However, a more substantial decline occurred in 2020, with only 17,780 DUI arrests reported.
This decreasing trend in DUI arrests suggests potential shifts in various factors, such as law enforcement strategies and changes in DUI behavior. Additionally, it could indicate improvements in measures aimed at reducing drunk driving incidents, such as increased public awareness campaigns and enhanced access to alternative transportation options.
Consult a Trusted Los Angeles DUI Lawyer
If you violated your probation, you could face a wide range of penalties. Seek immediate legal representation from a trusted DUI lawyer who can assess your situation and advocate for your rights.
With their knowledge and experience in DUI law, your attorney can help you navigate the complexities of probation violations and work towards minimizing the impact on your future.
We can match you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to your right or call us to get your free consultation today.
