When someone breaks the law and receives a DUI jail or prison term, which is then replaced by some degree of probation, the offender must be sure they do not commit a DUI probation violation. The consequences of such a violation can be severe. Probation is a situation of trust, and the rules of that probation are there to protect the offender, the court, and society.
DUI Probation
DUI probation requirements vary by state, by offense, and by court. However, there are several standard rules that most DUI offenders must follow if they are to maintain their probation privileges:
- A probation period lasting generally from three to five years
- Suspension, revocation, or restriction of a driver’s license
- No criminal activity
- No alcohol while driving
- Installation of an Ignition Interlock Device on their vehicle
- Regular participation in DUI classes or counseling
- In some cases, regular meetings with a probation officer
Probation Violation Penalties
There can be a wide range of penalties for those who violate their probation. In some instances, a probation officer may choose to issue a warning in hopes that such a violation will not recur. In other circumstances, the probation officer may require a court appearance, which inevitably carries a penalty.
A probation hearing progresses much like a criminal trial. The prosecutor presents proof that the violation actually took place. The defendant and their attorney present a defense. The judge then decides whether there is a “preponderance of evidence,” or more than fifty percent likelihood that the defendant committed the violation. The judge then determines the consequences or penalties.
The judge has great leeway in passing sentence on the offender. They often take a number of factors into consideration, including whether this is a first offense or not, the circumstances and severity of the violation, and if there was additional criminal activity involved in the violation.
The judge finally passes down a sentence for the DUI probation violation, which can include any of the following:
- Extending the probation period
- Additional prison or jail time
- Additional fees or fines
- Changing the requirements of probation
- Community service
- Additional DUI treatment or counseling
- Revocation of probation
Getting Legal Help for DUI Probation Violations
The bad news is that probation violations are serious offenses that only hurt the criminal record the offender already has. The good news is a probation officer or a court can use its discretion in how it addresses probation violations. A good DUI lawyer can present a case for the rarity of this violation and the good character an offender has shown since their conviction. All of these elements can influence a judge to keep the penalties for a probation violation light.
