Getting a DUI charge is no fun, let alone having to deal with the authorities for violating the accompanying probation. In the state of California, a DUI conviction can lead to up to three years of probation – a period where you’re under scrutiny by state officials to show that you no longer belong to your old ways, and are now a law-abiding citiz
Under the California Vehicle Codes 23152(a) and 23152(b), most DUI convictions in California end with the defendants receiving months of probation in place of jail term. This action allows them to avoid full punishment for their deeds if they obey the rules that apply. They’re given the chance to turn a new leaf and become better humans by seeking help.
However, DUI probations come with numerous conditions, all of which you’re on a mandate to keep. The court bears the responsibility of dictating the conditions of the probation. This article examines the penalties that accompany a DUI violation of probation, including the common DUI probation violations that occur in California and the US.
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Actions That Pass as DUI Probation Violation
When you receive a DUI charge, you’re bound to abide by some rules throughout your probation period, until it’s evident that you’re not going to return to your old ways. Some of these rules include paying fines, completing substance abuse evaluation tests, taking treatment recommendations, abstaining from the use of alcohol and drugs, abiding by all state laws etcetera.
Unfortunately, most people fail to follow these terms; thus, leading to further DUI probation violation.
The following acts can pass as violations of probation:
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Driving With Alcohol in the Body System
When on probation, you ought to abstain from alcohol throughout the period. The above means that no form of alcohol should appear in your bloodstream or breath. Suppose you run into an alcohol or breath test with the police and a positive result returns, that’s a violation of your probation.
For normal individuals without DUI probation violation in California and the rest of the USA, the limit for alcohol in the body system shouldn’t exceed 0.08%. On the other hand, for those on probation, the limit is 0.01% which is the lowest possible percentage. The same applies for having drugs or other intoxicating materials.
The court requires proof to show that you have indeed been attending the programs and making progress. If you’re unable to present proof, that’s also a violation of the order, which could lead to further complications, as any Chandler DUI attorney would advise.
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Failure to Show Proof of Enrolment in a DUI School
After the court verdict on a DUI case, it’s common for the jury to recommend attending a compulsory DUI school or Alcoholics Anonymous programs to ensure full recovery. If the officials find out that you didn’t enroll for any such program, it’s seen as a violation of your probation.
The court requires proof to show that you have indeed been attending the programs and have been making progress. If you’re unable to present proof, that’s also a violation of the order.
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Failure to Pay Fines and Restitution
One of the penalties of a DUI charge may be fines and the failure to pay them is a total violation of your probation. If your actions under the influence were a cause of harm to anyone, the court expects you to pay restitution to the victim.
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Court Case Absenteeism
After sentencing, there may be court appointments during your period of probation, such as restitution and probation hearings. Usually, attendance is compulsory and the failure to appear in court on any of the hearing days is a violation of probation.
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Incomplete Recovery Programs
This case is similar to failing to enroll in recovery programs. Upon enrolling, you’re under oath to complete the program, else you face the consequences. You must present your certificate of completion to the court before a deadline. Failing to do so is also a violation of probation.
Other actions that qualify as DUI probation violation are driving on suspended license, refusal to take necessary tests and non-compliance with minor probation terms e.g. wearing a SCRAM (secure continuous remote alcohol monitoring) bracelet l.
What Happens If You Violate a DUI Probation?
There are many possible outcomes that can play out in a case of DUI probation violation. From risking jail time to causing a probation extension, the list is endless. When a person on DUI probation is found violating the terms of his probation, the judge in charge may issue a bench warrant for their arrest. Following the arrest, the offender appears before the court and receives sanctions.
Most judges don’t take such cases lightly; thus, it’s imperative that you employ the services of a good DUI lawyer in California to present your case in court. You stand a better chance of getting a low sentencing or even none at all if your lawyer does their job well. The following are some consequences that accompany a DUI probation violation:
1 Probation Extension
Being under probation is bad enough, then imagine that your probation period increases by weeks or even months. The judge will definitely not let you go scot-free for refusing to obey instructions, hence, an extension of probation seems like a fair treatment. However painful it may be to endure more months of rules and conditions, it’s a hundred times better than being locked up in a cell.
2 Jail Sentencing
Nobody wants to be sent to jail for a simple violation of DUI probation. Nevertheless, the violation may not be as simple as it seems when you consider the fact that your actions were potentially dangerous to lives and properties. Most judges who see the matter as such will see nothing wrong with sending you to jail for a few days.
To avoid such uncomfortable situations, it’s best not to violate a DUI probation at all. Just abide by the terms in good faith as there’s no written template to decide exactly how much jail time for DUI probation violation.
3 Increase in Jail Time
If you were previously given a jail sentence, violating a DUI probation can result in an increase in your sentence. It’s certainly not fun to have a 150-day jail term stretch to 300 days. Though a good lawyer may help prevent this scenario, there’s no need to take chances with the court. You never know what can happen.
Other consequences that may follow are additional community service, permanent seizure of license, fines and mandatory treatment.
Conclusion
Yes, you’ve received a notice for violating your DUI probation, but that’s not the end of the world. There are actions you can take to salvage the situation, one of which is hiring a good lawyer in California to defend your case. Should any confusion arise, you can visit https://www.louisgoodman.com/dui-probation-violations/ to get clarifications. Good luck!
