If you’ve been convicted of a DUI, you will likely be sentenced to probation as part of your sentencing. Probation can allow you to avoid prison time as long as you abide by the rules. If you violate your probation, the judge may revoke it and send you to jail.
California takes probation violations seriously, so you need to protect yourself. A Los Angeles DUI lawyer can defend you from the charges and work to preserve your freedoms and liberties to the maximum extent possible.
Contact Los Angeles DUI Lawyer today, and we can put you in touch with an experienced DUI probation violation lawyer serving Los Angeles. We’ve helped thousands of people in similar situations, and we’re ready to be your legal resource.
How Does DUI Probation Work?
When you get convicted of a DUI, the judge may sentence you to probation instead of jail time. While on probation, you must follow strict rules regarding your behavior. If you break the rules, probation can be revoked, and you can be sent to prison. The point of probation in California is to rehabilitate behavior without incarceration.
Probation terms after a DUI conviction in Los Angeles are usually between three and five years. Once you complete probation, you can file to have your DUI conviction expunged and removed from your criminal record. However, the DUI will stay on your driving record for ten years for the purposes of determining repeat DUI offenses.
Common Types of Probation Violations
The exact terms of probation depend on the case, but common violations include the following:
- Using drugs or alcohol. Probation terms generally require you to abstain from drugs and alcohol, with random mandatory testing to ensure compliance.
- Not attending DUI education classes. A judge may order you to attend DUI courses covering the risks and dangers of driving drunk.
- Failing to complete community service. Not performing community service hours is an extremely common probation violation.
- Driving on a suspended license. Depending on the terms of probation, you may be restricted from driving.
- Missing check-ins with your probation officer. Probation typically involves regular check-ins with an officer to gauge your compliance.
- Leaving the state without permission. Individuals on DUI probation are generally forbidden from leaving the state unless they get authorization.
One extremely important fact to keep in mind is that probation violations don’t need to be proven beyond a reasonable doubt. Instead, violations only need to be proven with a lower standard of a preponderance of evidence.
Penalties for Violating DUI Probation
Probation terms in California are extremely strict, and you must follow them exactly. Failure to comply is a criminal violation and can be met with the following penalties:
- Bench warrant. If you violate your probation terms, a judge will likely issue a bench warrant for your arrest to appear before the court.
- Jail time. Probation is meant to be an alternate punishment to jail, so violations can result in incarceration.
- Extended probation. A judge may modify or impose stricter conditions on your probation terms going forward.
- License penalties. Violating probation can result in your license being suspended for longer or being completely revoked.
- Fines. You may also have to pay a probation revocation fee equal to the restitution fee for the original crime.
Legal Defenses to Probation Violations
If you’ve been charged with violating your probation, you need to have a strong defense. Below are possible legal strategies a probation violation lawyer serving Los Angeles could utilize:
Lack of Knowledge
The state typically needs to show that you willfully and intentionally violated the terms of your probation. If you genuinely didn’t know you were violating your probation, it could serve as a defense.
Saying “I didn’t know” by itself probably won’t be convincing to a judge. You are expected to know and understand the terms of your probation. Ignorance that’s the result of neglect or carelessness on your part won’t be an acceptable defense. It must stem from a genuine mistake or miscommunication that a reasonable person could have made.
Extenuating Circumstances
There may be extenuating or emergency circumstances that make violating probation terms acceptable. For instance, someone with restricted driving privileges may need to drive in response to a medical emergency. Alternatively, you may be scheduled to work during a required check-in meeting with your probation officer.
Compliance
Highlighting your compliance with other probation terms is not necessarily a defense to alleged violations. But your compliance with other terms can serve as evidence of your good faith efforts to complete probation. For example, if you otherwise attended all previous check-ins with your probation officer, it can show that your current absence was not intentional.
We Can Put You in Touch With a Los Angeles DUI Probation Lawyer
Probation violations are a serious matter and warrant an equally serious legal response. If you’ve been charged with violating probation, you shouldn’t delay securing legal representation. The longer you wait, the more likely it is that you’ll face the maximum penalty. A DUI lawyer can defend your rights and help preserve your liberty and prospects.
Contact the team at Los Angeles DUI Lawyer today to learn more about how a Los Angeles DUI probation violation attorney can assist you.
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