Probation Is Often a Component of a Sentence for DUI
If someone is convicted of a misdemeanor offense such as a DUI, one term that is usually required and imposed may be a mandatory probation, depending on how you negotiate with the prosecutor.
Probation is a period of time where you are still actively involved in the case, and the court is supervising the file. Typically on a first or second time DUI in Los Angeles County, if somebody is convicted, they are placed on a summary probation or informal probation.
Formal Probation Is an Involved Process for the Individual
They don’t have the probation officer; they don’t check in with anybody, but they have certain obligations that they have to comply with. There are certain judges that do require formal probation even on a DUI. Formal probation requires checking in with a probation officer and paying the cost of probation; it is quite a big headache. We definitely want to stay away from those judges that impose this as a requirement on first and second time DUIs.
Most often, we have informal probation, which starts with the person being required to stay out of trouble. They are required not to violate any laws and to comply with all the terms and conditions of their plea bargain, if it is a plea bargain deal. So someone may be required to pay fines, take classes, and attend a Mothers Against Drunk Driving program. Those would all be different terms of probation.
While on Probation, the Individual Is Expressly Prohibited from Drinking and Driving; Violating Probation May Result in Serving the Original Maximum Sentence for the Offense
While someone is on probation, they are not supposed to drive with any alcohol in their system. It is a zero-tolerance policy while someone is on probation. If someone violates a term of their probation and they get a new arrest or they don’t do the alcohol program and the court finds out about it, they could be punished and sentenced to anything up to the maximum on whatever their charge was.
So if it is a first time DUI, they are looking at six months in county jail. If it is a second or third time DUI, they are looking at up to a year in county jail. So if somebody is on probation and they are supposed to attend alcohol classes and pay their fines and they don’t do that, a judge could hold a hearing. The judge can find them in violation and actually send them to county jail for six months or a year, depending on the case.
Supervised Probation Entails Regular Visits with a Probation Officer
If someone is placed on formal probation or supervised probation, then they are going to actually have a probation officer that is going to be watching over their case. The probation officer is checking on them to make sure that the individual is maintaining employment;\, they are staying in the city or county if that is one of the terms of probation, and that they do everything that they are supposed to do.
So it is actually like having a babysitter checking on the file. The person may be required every two weeks or once a month to come to a probation office or a probation kiosk to check in. They will have to provide proof that they are doing what it is that they are supposed to do.
When a person is required to participate in community service and they are on formal probation, the probation officer will check and make sure that they are doing what they are supposed to do, along with when and where they are supposed to do it.
If the person doesn’t do it, then the probation officer will write a report to the court and the judge will have the person come in and, again, you’re looking at a potential probation violation. You might be remanded or sent to jail for violating a term of probation.
Other Terms of Probation Include Fines, Classes and Paying Restitution
Different terms of probation could include paying fines, taking classes, paying restitution to victims, alcohol classes, AA classes, not driving with any alcohol or drugs in their system, no driving without a valid license, and no driving without valid insurance which has to be the minimum amount required by state law.
Terms of probation could also include avoiding drinking any alcohol at all or attending a hospital rehabilitation program. The terms could also involve restrictions or suspensions on a driver’s license. So terms of probation can be very broad or can be very narrow.
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