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When Does DUI Probation Violation Occur?

After being convicted of DUI, you will have to serve a term of probation. In addition to serving probation, there will be fines and a promise to the judge that you will comply with the terms. This also entails remaining in good standing, demonstrating good behavior, and staying away from other legal troubles. Probation should last no longer than five years.

DUI probation in California usually requires you to fulfill the following:

  • Enrollment in DUI school
  • Participation in alcohol rehabilitation
  • Fines ranging from $400 to $1, 000
  • License suspension for 6 months and up to 4 years (can be reinstated with a restricted license)

A judge may decide to issue other restrictions or limit some of your rights and freedoms. It may go without saying, but you should avoid getting into further legal trouble. Probation is the more lenient punishment of the two and is often issued as part of a deal to help those convicted avoid serving time in jail. The judge may decide that it is necessary to revoke your probation and order you to spend time in jail—exactly the position that was to be avoided in the first place.

Defenses to Probation Violation

You will be required to meet periodically with the probation officer. The officer’s role is to ensure that you are continuing to fulfill the terms. For example, you must provide proof that you enrolled in DUI classes or counseling or proof of completion of the programs. You should demonstrate that you have paid off all of your fines and keep all of your scheduled court appearances.

Judges do not take these cases lightly, and will often take an aggressive, no holds barred stance when doling out the sentencing for a probation violation. Many times, we have found that the accusation arose out of a misunderstanding, by one or other party. For example, you know that you completed the counseling program but may have forgotten to obtain proof of enrollment or completion. Our seasoned attorney can argue on your behalf and clear up any misunderstanding that occurred.

Our Ventura DUI lawyer can assist in your defense if you were accused of violating probation. Do not hesitate to contact The Law Offices of Robert F. Sommers today and request your free case consultation.