DUI Probation: What Can Happen If I Break It?

When someone
is convicted of a DUI  , they are
usually offered probation as an alternative to serving the maximum possible
jail sentence. When a DUI defendant is on DUI probation, they have jail time “hanging
over their head” and if the defendant commits a new law violation while on
probation, the judge has discretion to give some or all of this jail time to
the defendant. And not only will new law violations constitute a probation
violation, but so will violating any other term of the probation agreement. Of course,
the DUI defendant has the right to a probation violation hearing and the right
to be represented by their Orange County DUI defense Attorney at that hearing. But the burden of
proof at a probation violation hearing is very low—a preponderance of the
evidence. And you don’t have the right to a jury. Instead, a single judge
decides a DUI probation violation issue.

Some terms
of DUI probation are mandatory—a judge MUST impose them on all DUI defendants.
These terms include:

1)      not driving with ANY ALCOHOL in your system;

2)      submitting to a breath test any time
you are driving and a cop asks you to;

3)      attend and successfully complete a
particular Alcohol program;

4)      pay restitution to any victim in the
case;

5)      do not drive without a valid driver’s
license and proof-of-insurance; and

6)      pay some mandatory fines.

But these
are just the mandatory terms. Judges can impose any term they want, as long as
it is reasonably related to the offense. Some other terms that judges include
are:

1)      Install an Ignition Interlock Device
in your car; or

2)      Attend self-help (AA) meetings.

Probably the
most common probation violation is a new law violation. These typically include
a new DUI charge, domestic battery, and assault. Orange County DUI lawyers agree that the most common probation violation that
is NOT a new law violation is driving with SOME alcohol in your system (zero
tolerance). This violation will often lead to the judge imposing jail time and
it will also cause the DMV to issue a mandatory one-year driver’s license suspension.

If you have
been arrested for a DUI, call The Law Offices of EJ Stopyro today at (949)
559-5500 today for a free and confidential consultation with an experienced DUI Lawyer in Orange County Check us out online at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.