DUI Probation: What Your DUI Lawyer Wants You To Know

Conviction for a DUI, whether in Orange County or anywhere else in California, will result in the defendant being on DUI probation for a period of three to five years. During this probationary period, the defendant must abide by the terms of the probation. If the probationer is found by a judge to have violated the terms of DUI probation, the judge can impose of some or all of the jail time hanging over their head. Since a typical DUI probationer is exposed to around a year of jail time for ANY probation violation, it is important to understand that even if you are represented by the best Orange County DUI Attorney, it is very difficult to defend against the allegation of a probation violation.

Any Orange County DUI lawyer will tell you that the problem with defending against a probation violation charge is really twofold: first, the terms of probation are very extensive and very general, such as “cooperate with the probation department and law enforcement” or “do not drive with any alcohol in your system.” Secondly, at a probation violation hearing, the defense does not have many of the procedural safeguards that they have at trial. So, in order to establish a probation violation, the DA or probation department does not need to show that the probationer actually broke any law, but merely didn’t live up to the terms of their probation. For example, if a probationer fails to make a payment of court fees on time, this will be alleged as a probation violation and subject the probationer to a long jail stay.  Also, if the DUI probationer is absent from the mandatory alcohol program, or if the alcohol program instructor kicks the DUI probationer out of class for some program violation, this also will result in an allegation of a DUI probation violation.

So, conduct not amounting to a law violation can land a DUI probationer in hot water. And as you can see, it doesn’t take much to amount to a DUI probation violation. Moreover, once a DUI probation violation has been alleged, the DUI probationer, and their DUI Lawyer in Orange County, are NOT entitled to a trial by jury. Rather, at a probation violation hearing, the issue is decided by a single judge. Also, the burden of proving a DUI probation violation is much lower than the burden of proof at a criminal trial. At a Dui trial, the DA must prove its case by proof beyond a reasonable doubt—the highest possible burden of proof. At a DUI probation violation hearing however, the judge need only find that the case is proven by a preponderance of the evidence—that is to say, that it is more likely than not that the allegation is true.

If the judge does find that the DUI probation violation has been proven by a preponderance of the evidence, the judge has total discretion in dolling out any time in the Orange County jail that is hanging over the probationer’s head. Furthermore, if the conduct that constituted the DUI probation violation is also a new crime, such as another DUI, then the DUI probationer faces additional jail time for the new offense.

If you have been arrested for a DUI or charged with a violation of your DUI probation, call The Law Offices of EJ Stopyro at (949) 559-5500 for a confidential and free telephonic consultation with an experienced DUI defense attorney. You can also find out more about DUI law, including DUI probation violations, at www.ejesquire.com. We have offices in Costa Mesa and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.