DUI While on Probation

A DUI while on probation can be a serious charge because of penalties related to violating probation.   Probation violations can result in an additional license suspension, increased fines or community service, increased alcohol education classes a person has to attend and a very real possibility of jail time.   As with most DUI cases, a DUI while on probation has consequences from the DMV and from the criminal courts.

DUI while on Probation California

DMV Consequences of a DUI while on probation: The zero-tolerance DUI case at DMV.

The DMV will take license action if a driver commits a DUI while on probation.   For first offense DUI cases, the DMV will suspend the driver’s license for a period of 4 months.  If the driver gets another DUI while on probation from a first DUI, the penalties are more severe: 1 year driver’s license suspension.  It gets worse: unlike a normal DUI case (involving the “APS” process where a blood alcohol level of 0.08 or more has to be shown) a DUI while on probation involves a “zero tolerance” standard.  This means that any measurable alcohol in the driver’s blood or breath is enough for the DMV to take license action against the driver.

Criminal Court Consequences of a DUI while on Probation: Jail time for the 2nd case AND the first case.

People who get a 1st DUI are often placed on “informal probation” or “unsupervised probation.”  They are warned that any further violation of the law may result in jail time if they in fact commit another violation.   Violations can be in the form of speeding tickets, petty theft crimes or other similar offenses.  More often, a 2nd DUI is the violation that is committed while a person is on probation.

While the penalties for 2nd DUI vary from one state to another, in California a 2nd DUI while on probation for a first DUI has two consequences:

-Jail time that can be imposed because of the 2nd DUI by itself

-Jail time that can be imposed because of the probation violation

A 2nd DUI is an offense that leads to mandatory jail time in California.  When someone is on probation for a 1st DUI, jail time isn’t mandatory, but judges will often sentence the person to a short jail term because of their violation of probation.  In essence, the person is being punished for the 2nd crime AND for violating the probation from their first crime.  Its as if the 1st DUI case is resurrected and comes back to haunt the driver.

Learn more about strategies to avoid jail time in 2nd DUI cases and consult with an attorney who handles DUI probation violation issues and other common DUI issues by calling 213-400-0358.



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