If you get a DUI while under the terms of probation, you are facing trouble on two fronts.
- You can face the penalties of a DUI.
- The DUI can count as a violation of your probation, leading to additional penalties.
Retaining a Los Angeles DUI lawyer can be a good first step if you’re accused of a DUI while under probation. Schedule a free consultation with one of our experienced DUI attorneys by calling us at (310) 862-0199.
Consequences of a DUI Arrest on Probation
DUIs are serious criminal offenses here in Los Angeles. The court system uses Vehicle Code § 23152 to handle DUI charges in our area. Generally, drivers who are on probation are required to avoid any further criminal charges. This means that getting a DUI on probation will likely violate the terms of your probation.
Getting a DUI is a stand-alone criminal charge. This means that, in addition to dealing with accusations of a probation violation, you will face misdemeanor or felony charges. If you are convicted of a DUI, you could face:
- Jail time
- Restrictions on your driver’s license
- Time in an alcohol-education program
These consequences should be treated very seriously by all drivers.
Probation Violations and Jail Time
Drivers who violate their probation can face a number of legal penalties here in California. The court can order your arrest if you violate your probation. You can also face arrest automatically if you are accused of a DUI.
In some cases, the police will take you to jail for a short period of time following a DUI arrest. Many drivers have to stay in jail until their arraignment hearing. During your arraignment hearing you will:
- Learn about the charges you are facing
- Enter a plea of guilty, not guilty, or no contest
Some drivers are released after their arraignment hearing. However, this is not always the case if you violated your probation by committing a DUI. In this situation, you could face a probation violation hearing in Los Angeles.
Special Rules for DUI Traffic Stops While on Probation
Drivers on probation have to follow a few special rules. For example, drivers on probation must complete preliminary alcohol screening (PAS) tests during a DUI traffic stop. Drivers who are not on probation are allowed to refuse these assessments.
A PAS test is a kind of breathalyzer test. The breathalyzer will measure your blood alcohol content (BAC). Drivers can get arrested for a DUI if their BAC level exceeds the legal limit. California requires most drivers to keep their BAC under 0.08%.
However, drivers on probation have to keep their BAC far below the legal limit. In fact, some drivers on probation are not allowed to drive if their BAC is over 0.01%. This means that even taking a single drink of alcohol can lead to a probation violation.
Handling a Probation Violation Tied to a DUI
Breaking the law will violate your probation. In order to handle a probation violation tied to a DUI accusation, a DUI lawyer in Los Angeles may need to show that you did not commit a DUI. Members of our team are ready to handle DUI charges for you. We can work to show that:
You Were Not Impaired
Sometimes, police officers accuse you of driving under the influence while you are sober. We can work to dispute the results of BAC tests and other assessments. Allow us to take steps to show that you were not impaired at the time of your arrest.
You Were Stopped without Due Cause
Police officers must have a reason to pull you over here in Los Angeles. We can help if you believe a police officer stopped you without due cause. This can allow us to get your DUI charges set aside. This can help you avoid a probation violation charge.
Police Officers Performed BAC Testing Incorrectly
As we mentioned, you may have to take a BAC test if you are stopped by police officers in Los Angeles. Sometimes these officers perform these tests incorrectly. If they don’t follow the proper procedures, it can lead to incorrect results.
Fight Back if You’re Accused of a DUI While Under Probation
Getting arrested for a DUI while under probation is serious. Fortunately, you don’t have to face the charges alone. Reach out to a Los Angeles DUI lawyer to get help. Just call (310) 862-0199 or complete our online contact form to get assistance, starting with your free consultation.