If you are convicted of Driving Under the Influence and were sentenced to probation you were likely ordered to comply with a number of terms and conditions. DUI probation terms usually include an alcohol education class (3, 6, 9, or 18 months, depending on BAC level or existence of prior offenses), a fine of at least $390 + penalty assessment, attendance at Mothers Against Drunk Driving (MADD) and Hospital & Morgue (HAM) classes, and community labor or community service. A DUI probationer will be given a deadline to complete these obligations. You will also be ordered not to drive with any measurable amount of alcohol, not drive without a valid license and insurance, and to install an ignition interlock device (IID). If you fail to complete any of the required terms, your probation will be revoked and a warrant will be issued for your arrest. Also, every probation order includes the term that a probationer "obey all laws." Therefore, if you are arrested for a new offense you will be charged with violating probation.
CONTACT our office today if you are currently on DUI probation and have failed to complete any of the terms. For example, if you fail to complete the alcohol education class or do not complete your required community labor hours you will be in violation of probation. Not only will a warrant issue for your arrest but you may be sentenced to jail or additional community labor or community service as punishment for the probation violation.
If you are charged with a probation violation you have the right to a formal hearing in front of a Judge to determine whether in fact you are in violation. The prosecutor must prove a "willful" violation of probation. If the failure to complete the required term(s) was not your fault, the action cannot be considered "willful." For example, if you were unable to finish your alcohol education class because you were in jail or hospitalized it cannot be said that you willfully stopped attending classes. If the probation is not "willful" you will not be found in violation. Your probation will be reinstated on the previous terms and conditions. If you are found in violation of probation the Judge will have three options: 1) terminate probation and sentence you to jail; 2) reinstate probation on the same terms and conditions; 3) reinstate probation and impose new conditions that the court feels are warranted, such as some jail time, community labor, or additional fines. It it best to have a good DUI Lawyer on your side to help fight the alleged probation violation or to minimize the consequences of it. CONTACT Berglund Law Office, P.C. today for a free and confidential consultation. Even if we did not represent you during your DUI case we can assist with the alleged DUI probation violation.