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Consequences Of Getting A DUI While On Probation


August 16, 2015

If you get a DUI while you’re on probation, it can become a serious charge because it related to violating your probation. Probation violations may result in increasing the amount of alcohol education classes you must attend, additional driver’s license suspensions, increased fines, and the possibility of jail time. A DUI, while you’re on probation, has many consequences including penalties from the DMV and the criminal courts.

Probation should not be thought of as a “get out of jail free” card. It is a legal system by which the court lessens certain conviction penalties in return for a defendant’s promise to adhere to certain rules. When you’re on probation, you must follow the rules to avoid being penalized.

If a defendant breaks the rules, their suspended penalties may be reinstated by the court. This is sometimes at the court’s discretion. However, the defendant may also receive additional penalties.

Penalties for DUI while on Probation in California

These are some of the penalties you may face if you are convicted of a DUI while you’re on probation.

If it’s your first offense, the DMV will suspend your driver’s license for 4 months. If a driver gets another DUI while they’re on probation for their first DUI, the penalty may be more severe and include a 1-year driver’s license suspension.

It can get worse. Unlike a normal DUI in accordance with the “Admin Per Se” process where a person has a blood alcohol level of 0.08 or more, a DUI while on probation has a “zero tolerance” standard. As was the case in a recent trial involving the Law Offices of Randy Collins, this means that the measurable alcohol in the driver’s breath or blood is enough for the DMV to take action against the driver.

Jail Time for The Second Case AND the First Case: Criminal Court Consequences for DUI While On Probation In California

People with a first DUI are placed on “unsupervised probation” or “informal probation.” They are warned at the time of their conviction that any further violations of this law may result in jail time. This violation may be in the form of petty theft crimes, speeding tickets, or other offenses. Most second DUIs have two consequences:

– Jail time may be imposed because of the second DUI

– Jail time may be imposed because of the probation violation

A second DUI is an offense leading to mandatory jail time. When a person is on probation for the first DUI, and there is no mandatory jail time, judges will often sentence the defendant to a short jail term because of the probation violation.

In essence, people will be punished for a second crime AND for the probation violation for the first crime. In some ways, it’s like the first DUI case is resurrected, coming back to haunt the driver.

My DUI Case Is Old. Can I Ask The Judge For A Wavier For DUI Classes?

The answer to this question is somewhat complicated and depends on why and how you were ordered to take DUI classes. However, most of the time, judges will not waive the DUI class requirements for old convictions.

When you are sentenced to DUI classes in California, you are often given a deadline by which you must complete the classes, sometimes with a requirement to show a certificate of completion or other proof that you have completed the classes by that date.

Some people do not complete their DUI classes within the allotted time. In certain cases, people who cannot complete DUI classes for specific reasons may apply for waivers, and proceed from there. However, even without a waiver, some people do not complete their DUI classes. This happens for many different reasons. For instance, you may have been kicked out of the program, as some DUI class programs have a policy of kicking out participants for unexcused absences (or any number of other reasons) at their discretion. You may simply not have been able to continue attending, if work or other immovable obligations got in the way. You may have moved out of state and been unable to attend for that reason, or you may have just decided you didn’t want to attend.

Whatever the reason, if you did not complete your DUI classes (and did not obtain a waiver for same before the deadline), there will very likely be consequences.

What Will Happen If I Don’t Complete DUI Classes In California?

A few things might happen. This depends on why you were ordered to complete DUI classes, and by whom. Usually, if you have been required to attend to mandatory DUI classes, it was either:

  1. By a judge or DMV officer, as a condition for getting your license/driving privileges back, or
  2. By a judge, as part of your sentence for criminal DUI charges.

If you were ordered to attend DUI classes as a condition of getting your driving privileges/license reinstated, your license and privileges will obviously not be reinstated. In fact, they may be suspended for a certain amount of time, or revoked indefinitely. This will render you unable to legally drive or to apply for a driver’s license in California.

If you were ordered to attend DUI classes as part of a criminal sentence, it will likely lead to a warrant being put out for your arrest. If you get arrested you may face harsher sentencing, including the maximum sentence for DUI, which may include jail time.

What Should I Do If I Did Not Complete DUI Classes In California?

If you failed to complete mandatory DUI classes, the first thing you should do is to consult an experienced DUI attorney. This is especially true in criminal cases, as there may already be a warrant out for your arrest. A DUI attorney will be able to tell you the best thing to do in your case in order to minimize negative consequences and hopefully get your driving privileges back.

If your case is a driving privileges/DMV matter, they will absolutely not reinstate your license and driving privileges until you attend DUI classes. You will likely be required to attend another round of classes for 30 hours over the course of three months. As soon as you sign up for those classes, you can get a restricted license which allows you to drive to and from work, your DUI classes, and your home.

If it is a criminal matter, you will also be required to attend DUI classes, and it will be especially necessary to have the help of an attorney. You may face additional consequences for not completing your DUI classes on time, and for potentially violating your parole or probation. If there is a warrant out for your arrest, it is much better for your case if you go in with an attorney—preferably with proof of enrollment in a new set of DUI classes—and clear it up yourself, rather than just chancing it or waiting to get arrested.

Have you stopped attended DUI classes in Los Angeles, Irvine, or Westlake Village, California? Do you need an attorney? Top Gun DUI Defense Attorney Myles L. Berman is ready to help you get results. Attorney Berman has years of experience in DUI law, and the stellar track record to prove it. Call him at (888) 486-7486 for a free consultation on your case today.

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About the Author

At the Law Offices of Top Gun DUI Defense Attorney Myles L. Berman, our experienced team of DUI / Drunk Driving defense lawyers are dedicated to aggressively defending people arrested for DUI.