How to avoid jail-time for a DUI Probation Violation in California: What you need to know.
A DUI Probation Violation in California can result in jail-time, increased hours of community service, extension of probation or revocation of probation depending on the nature of the case.
For cases involving a 0.01% DUI Probation Violation, the DMV will suspend the driver’s license for 1 year with no “to-from work” exemption. This extremely harsh result means the driver cannot drive a car whatsoever. See our page that discusses how to handle 0.01% DUI Probation Violation issues.
Probation violations can be minor, or more serious depending on these factors:
-Prior DUI’s or other prior arrest record
-Prior probation violations
-Type of violation: Minor violations are for things such as missing classes or needing a few more days to complete community service. Major violations are for things like repeat DUI’s, driving on a suspended license.
Is jail-time possible for a DUI Probation Violation?
Yes, jail time is a real possibility for someone with a DUI Probation Violation in California. This is because a DUI conviction involves a misdemeanor criminal conviction with possible county jail time as a punishment. As part of most plea agreements, jail time is imposed on the driver and suspended by the court. This means the driver was sentenced to jail, but the judge decided to “suspend” or pause that and allow the driver to complete probation. If the driver fails to comply with the terms of probation, the judge can “un-pause” the jail time and impose jail.
If you are facing a DUI Probation Violation in California, there are things you can do to avoid going to jail.
What happens in cases involving DUI Probation Violation in California?
A DUI probation violation in California often results in jail time and other penalties including loss of license, fines, or additional alcohol education classes. Probation Violations are based on a person failing to comply with terms of their probation. The most common probation violations are:
-Being arrested for a 2nd DUI
-Failing to complete alcohol education classes or other similar Probation Requirements
-Failing to install an Ignition Interlock Device
-Driving on a Suspended Driver’s License
Penalties for DUI Probation Violations in California include:
-Driver’s License Suspension from DMV
-Additional fines or community service
Jail time is used as a deterrent in probation violation cases because the original imposition of probation was given by the court in place of jail time. When the violation occurs, the judge will often decide that the defendant wasn’t taking their probation seriously and that jail time should be given. The amount of jail time imposed depends on the nature of the first case (was it a Felony DUI, or a case involving aggravating factors such as a hit and run accident?), the nature of the violation (some probation violations are minor, such as forgetting to attend a class while others, like getting a 2nd DUI are more serious) and the length of probation that has been successfully completed.
Driver’s License Suspension from DMV
This is a very serious consequence for someone on DUI Probation. DUI Probation Violation License Suspension cases in California involve cases where the driver is stopped by law enforcement and found to have a blood alcohol level at or above 0.01%. In these cases (called zero tolerance cases) the California DMV will suspend a driver’s license for 1 year, with NO ABILITY TO DRIVE ANYWHERE, even to or from work.
What to do in DUI Probation Violation Cases:
The best defense is a strong offense when it comes to DUI Probation Violations in California. While someone on probation has limited rights, their rights are not completely stripped: a DUI lawyer will know what defenses someone on probation can raise to protect the rights they do have.