If you are convicted of Driving Under the Influence you will will likely be placed on probation. If it is a misdemeanor offense then this will be informal, or summary, probation. This means that you do not have to report to a probation officer or the Los Angeles County Probation Department. If you were convicted of felony DUI, and did not receive a state prison sentence, you will be placed on formal probation, meaning you will have to report to the probation department. The probationary period is usually between 3 and 5 years. DUI probation terms will always include the following:
- Enrollment in an alcohol education program. The length of the program is either 3, 6, or 9 months if it is a 1st DUI offense. If it is a 2nd or greater offense you will be ordered to enroll in an 18 month program.
- Payment of a fine of at least $390 + penalty assessments. The exact amount varies by court, however the total with penalty assessments equals approximately $2,000. Most courts will give you the option of working off the fine with community labor or community service hours, or receiving credit towards the fine for jail time that you have, or will, serve. If the work or jail options are elected there still remains a few hundred dollars in mandatory court fees.
- Mandatory jail time if it is a 2nd time DUI offense or greater. A 2nd DUI within a 10 year period requires a minimum of 96 hours (4 days) in jail. A 3rd time DUI within a 10 year period requires a minimum of 120 days in jail, while a 4th offense carries a mandatory minimum of 180 days in jail if probation is granted (which it may not be a if a state prison sentence is imposed).
- DUI conditions. These include the prohibition of driving if you have a BAC of .01 percent or greater (the legal limit is no longer .08 if you are on DUI probation), as well as the requirements that you submit to any police officer's request to take a preliminary alcohol screening (PAS) test and that you not drive a motor vehicle without a valid driver's license, insurance, and registration.
DUI probation may also include any of the following terms and conditions:
- Attendance at a Mothers Against Drunk Driving (MADD) class. This is a one day class. Courts are more likely to order younger DUI offenders to enroll in this program.
- Enrollment in the Hospital and Morgue (HAM) program. This class takes one and a half days and includes visiting both a hospital and a morgue. It is intended to show the effects that DUI accidents can have, including injuries and death. This is also more likely to be ordered for younger DUI offenders, as well as repeat offenders.
- Attendance at Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) classes.
- Installation of an Ignition Interlock Device (IID), which is a breathalyzer device that you must blow into before starting your vehicle. Note that DMV will likely require this anyways before it will reissue your driver's license following a DUI arrest. The court order for IID installation is separate and is usually reserved for repeat offenders.
- Admission into a drug or alcohol rehabilitation program. This condition may be requested by defense counsel in lieu of jail time. This is a good option for a repeat DUI offender who is facing 120 days or greater in jail.
If you have been arrested and are facing DUI charges, CONTACT our office today for a free and confidential consultation. Berglund Law Office, P.C. specializes in representing persons that have been arrested for DUI. Do not delay and speak with an experienced Los Angeles DUI Lawyer today.