What you need to know about a DUI Probation Violation:
If you were found guilty, or pleaded guilty to a 1st DUI within the last 3 years, chances are you are on DUI Probation.
A DUI case can result in jail-time. Even 1st offense DUI cases can result in jail-time: up to 6 months in county jail. Often judges do not want to give a DUI defendant the full 6 month sentence, so they place the defendant on probation.
Typically DUI probation is “informal” meaning it is not supervised by the court, and you are expected to comply with the terms of the DUI probation on your own. DUI probation typically has certain terms:
-You are to obey all laws during the probation period
-You are required to submit to FST’s and PAS tests if stopped by law enforcement
-You cannot have any measurable alcohol in your system while driving a car
-You are required to attend and complete court ordered alcohol education classes
-You are required to pay all fines, fees and restitution costs in your case
Failing to comply with any one of these conditions will result in a probation violation.
What happens if you violate DUI probation?
If you fail to complete one of the terms of the DUI probation, a probation violation occurs. You will likely be given a notice to attend court, where the matter will be reviewed by the judge.
The first step is a court notice. This typically is given by a police officer where the defendant signs a “promise to appear” on the bottom of the ticket they are given. It is important not to ignore the notice: failure to attend a probation violation hearing will result in a bench-warrant being issued for your arrest.
The next step is the first court hearing. At the hearing, you will be notified that a probation violation is alleged, and that have the right to fight the allegations. You also have the right to an attorney to assist you in fighting the allegation.