Violating DUI Probation Can Mean Mandatory Jail Time

Orange County DUI lawyers

If you were arrested for DUI and were subsequently convicted, either through a plea of guilty or after a DUI trial despite the best efforts of your DUI Lawyer, then the law requires you to be placed on DUI probation for a period of three to five years. California Vehicle Code Section 23600 requires this period of DUI probation. This law also requires that the judge impose specific terms of probation—that you not drive with ANY measurable alcohol in your system and that you submit to a breath-test if you are stopped by the police.

These terms must appear in every DUI probation order. And violating these terms means that you have violated your probation and will be returned to court where the judge may impose some or all of the Orange County jail time that you have hanging over your head from the underlying DUI conviction. So, for example, if you were on probation for a first-offense DUI, you will be ordered back to court and the judge may impose up to six months in the Orange County jail.  Of course, it is up to the judge, for the most part, to decide how much jail you should receive. It then becomes your Orange County DUI Attorney‘s job to convince the judge to apply only the minimum punishment allowed by law.

If, for example, you were pulled over for a broken tail light and you agreed to take a breath test, blowing a 0.03%, you would be in violation of your DUI probation. However, your Orange County DUI Lawyer could probably make an argument to get you no jail time. But if you refuse to take a breath test or if you blow a 0.04% or more, the law requires at least 48 hours of jail time. If a blood or breath test result is 0.08% or higher, then you will be charged with a new DUI offense pursuant to California Vehicle Code Section 23152(b)as well as a probation violation.

If your blood alcohol result were between 0.05% and 0.08% you still might be charged with a new DUI under California Vehicle Code Section 23152(a) if the DISTRICT ATTORNYE can prove that you were so impaired by the alcohol in your system that you couldn’t operate a motor vehicle with the same care customary of a sober person. Evidence of this includes bad driving and poor performance on the voluntary field sobriety tests. Although a person on DUI probation is required to take a breath test they are still not required to submit to the field sobriety tests—these remain voluntary.

To learn more about your options when facing a DUI charge call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation with an experienced DUI Lawyer in Orange County. Or visit our website at www.EJEsquire.com and submit the details of your case for an emailed assessment. We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.