DUI Probation Violation

  • By:DUI Blog

It is not uncommon for the judge to impose a 3-5 year probation term instead of jail time for a DUI conviction. In fact, unless there are aggravating circumstances, receiving probation is highly likely. As my past blogs have demonstrated, what someone receives as their terms  or conditions of probation can vary quite significantly.However, for first time DUI offenders, standard “active” probation terms include paying fines and fees within a certain time, enrolling and completing DUI school, enrolling and completing AA meetings, and a license suspension. Following a conviction, judges will require the defendant return to court or the clerk’s office and provide proof of enrollment and proof of completion of any classes or meetings that were a required term of probation.

Along with these terms, there are general probationary terms that are automatically imposed for a DUI conviction. These include the requirement that the defendant not commit any other criminal offenses while on probation. Traffic violations are not criminal offenses that will violate probation. If you are on probation for a DUI, and are suspected of driving under the influence during probation, you must submit to a chemical test, including a preliminary alcohol screening test (PAS aka breathalyzer). Additionally, if someone is on probation, they cannot drive with any measurable amount of alcohol in their system.

Failure to comply with any of the terms of probation may result in a violation of probation. Depending on the severity of the violation, the consequences of a violation will vary.  The judge may revoke probation and impose a jail sentence. The judge may also modify the terms of probation to add conditions or extend the length of probation.

Many of the probation violations I encounter involve failing to show proof of enrollment or proof of completion of DUI school or other similar classes. When a defendant fails to show up to court to show proof of enrollment or proof of completion, not only is the defendant facing a probation violation, a bench warrant is usually issued for that person. Many people do not realize that their visits to the court are not over when the judge issues a sentence.

Also remember that if the court or the DMV suspend your license, you cannot drive. If you do so and are caught, not only are you facing a violation of probation, but also a separate charge of misdemeanor driving on a suspended license.

Posted in: AA, Alcohol Education Programs, California State Law, Court Proceedings, Driver's Licenses, DUI Arrests and Procedures, DUI Laws, State Legislation


5 Responses to “DUI Probation Violation”

  1. Cathy Freismuth

    Boyfriend drives drunk and almost hits a cop. Blood work was taken and shows below level(he was very intoxicated) but unable to prove it. This is his 3rd. time. 1st. couple were many years ago. He has various confictions on his records. anyway, his license was revoked, level 3, and probation for 2 years, and has to take classes. He was caught by myself for taking my keys without my permission and driving my car while living with me and he continued to drink. The last time he was drinking he threatened my daughters life as well as my own and my daughter called his PO. They picked him up, and put him in VOP housing. He has not seen the judge as of yet. I am filing a Protection order. Question is: in a case such as is his….could he get time in jail, if so, how much?

    Thank you for your time.

    April 2, 2013 - 7:15 pm #
  2. Anthony Estrada

    Will I get a PV for having police contact while walking home with a group of friends

    July 15, 2013 - 12:01 am #
  3. Art

    I’ve seen statistics claiming that on any given day in Calfornia alone there are about 750,000 people with a suspended driver license- yet 90% of them continue to drive. If only the masses knew that driving on a suspended license is a criminal offense?

    On another note- in 2010 it was estimated that only about 40% of those ordered to install an interlock convicted due to DUI conviction complied with that sentence (in Arizona, my example, there are about 50,000 annual DUIs- and a one year interlock was the minimum sentence for a first offense). Failure to comply with the interlock sentence means it is therefore ‘forever’ impossible to obtain a valid driver license in any state. NOTE: Flying in the face of the forward march to crucify DUI offenders-in 2011 Arizona REDUCED the mandatory one year interlock (mad elaw in 2008) to six months, obviously from pressure from the interlock industry to attempt to cooerce more people into installing an interlock. The first and only time I have seen any DUI sentence REDUCED. And yet? Not a peep from MADD…

    Simply said- there must be untold millions of people driving without a valid license.

    August 7, 2013 - 12:39 pm #
  4. kristin

    I was sentenced 5days jail time, 6months probation, 1yr suspension of my license, hsds (highway safety driving school), crn evaulation including any requirements that are issued due to crn evaulation results as well as community service (12hrs). This is all for my 2nd dui conviction(5years apart by the day from my first).my fines arre paid in full, my community service is over tomorrow. All assesments and driving school are completes. But due to it being my 2nd dui, I’m automatically required to attend dui intervention issued to me by treatment center I was mandated to have my evaulation at (they have a contract with dui administration that requires violaters to have their evaulations done with them..its all about moneyf$)..I have not fully completed the treatment due to tge class is still going on 3 more weeks.you are only aloud to take this certain class that meets once a week that is 5weeks with 2weeks left in my class. Here’s my problem. My probation is terminated before my class is over leaving me getting my probation extended. In my experience when this happens and your not xompleted yoyr requieements they extend your probation by (in my case 6months) however long you were originally sentenced to probation. Again for me, its 6months. Rhen, when you do complete your requirements, they can sign you off.regardless if its 2 days or 4months after they signed your extension. Me knowing this, assumed I would be off in 2 weeks when I graduate from dui intervention. My po called today and told me if she extends it then its mandatory that I serve another 6minths on probation. I wasn’t sentenced 6months to a year I was sentenced 5 days to 6 months. So if I’m done all that is required of meregardless if its already been extended, I’m suppost to get off right? I live in pa.I’ve never heard of this.she didn’t sound sure herself. But is it legal to make me redue my time after serving the full sentence with coompleted stipulations of the courts sentence.I’m very confused cause I served 5 yrs on probation for a prior conviction and un my experience if probation is extendes due to my circumstances, they sign you off when you’ve completed the stipulations.can someone give me insight to what pavs law is in this matter? Thanks hope ti hear a response

    January 6, 2014 - 1:04 pm #
  5. Marie De La Cruz

    My boyfriend got a DUI months ago and was almost done completing everything. he had a temporary license and a breathalyzer in his car but his job consist of driving a mini company go cart
    he got into an accident with his company car and it wasn’t even his fault and got his licenses taken away and got a ticket for violating his probation
    what are the consequences ? he has a month to go for his DUI to be over
    any possibility the judge will go easy ?

    February 2, 2016 - 3:20 pm #