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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.

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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.