Although a DUI is never planned sometimes people have a string of bad luck and get another DUI when they are already on probation. On a regular misdemeanor DUI probation can last from three to five years. When someone is on probation there are strict rules they are required to follow including driving without any alcohol at all. Just having one drink and then driving can put you in violation of probation.
The “normal” terms of probation require that a person must do all of the following:
- Drive without any alcohol in your system
- Drive with a valid driver’s license
- Drive with insurance
- Pay a fine
- Take an alcohol/drug education class
- Obey all laws and orders of the Court
If any of these things are neglected, a Judge can find you in violation of probation. This means if you don’t do what you are supposed to do a Judge can punish you. A punishment for violating probation could be as little as making you come back to court and do what you had been required to as much as serving jail time.
On a case where you never did any jail time you could end up going to jail. If you get a new DUI or get caught driving on a suspended license you will likely be facing jail time (on both the new case AND the old case). A judge could give you up to the maximum jail time on whatever your case was. So on a first time DUI you could get six months in jail for violating probation. On a second time DUI you could get up to a year.
If you are on DUI probation you are not supposed to drive with any measurable amount of alcohol in your system. This means if you have one beer and your blood alcohol content is 0.02 you could be arrested and go to jail. If you are on probation and your blood alcohol level is 0.08 or higher you are looking at mandatory jail on a second DUI and possible time on the first. So a person who is on probation for a first and gets a second is looking at up to a year and a half of jail.
If a violation is an “internal” violation like not finishing a class, you have a right to a hearing before a judge. The prosecutor will have input, but it is the judge who has the final say. Many times with “internal” violation, corrective action can be taken and the problem fixed without jail.
If a violation is “external” (in other words, a person gets a new case), jail is likely. You could be in a position where you could win your new case and still violate probation and go to jail. A probation violation is not like a jury trial where a jury gets to decide beyond a reasonable doubt. Just getting arrested can be enough to get you sent to jail.
Anytime someone is facing a probation violation or worse like a probation violation with a new case, it is very important for that person to get a great attorney who knows the courthouse, judge, prosecutor and the law. It is very easy for someone to take a wrong step and end up in jail. Whenever a person may be facing a probation violation, they need the help of a good attorney to start to fix whatever is broken, get done whatever was not done, and get their case or cases on the right track.
For more information about DUIs and DUI probation please contact the Law Office of Mark “MR DUI LA” Rosenfeld.
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