DUI PROBATION TERMS
If you are convicted of DUI 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 minimum fine of $390 + penalty assessments, attendance at Mothers Against Drunk Driving (MADD) and Hospital & Morgue (HAM) classes, community labor or community service, and mandatory court fees. Probation terms can also include jail time, mandatory installation of an ignition interlock device in your vehicle, and other conditions the court may consider appropriate in your case.
Deadline to Complete Probation Requirements
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.
BENCH WARRANT ISSUED FOR FAILURE TO COMPLY WITH DUI PROBATION TERMS
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.
Probation Violation Hearing
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 violation is not "willful" you will not be found in violation. Your probation will be reinstated on the previous terms and conditions.
Consequences of Violating Probation
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.
Stay Out of Jail
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 our office did not represent you during your DUI case we can represent you for your DUI probation violation hearing.