When you are arrested for an offense, such as a
DUI, then you may be put on probation if you are convicted. When you are placed on
probation, you are required to check in with a probation officer at scheduled times
and refrain from certain behaviors. For example, an officer may demand
that you abstain from any alcoholic beverages for the six months following
a DUI conviction, or may rule that if you are caught committing a traffic
violation you will be arrested.
What happens if you violate your probation?
Any offenders who do not follow the demands of their probation can be charged
with a probation violation. A judge may revoke your probation in this
instance and sentence you to jail or prison instead. This is contingent
on whether your offense was a misdemeanor or a felony. Judges naturally
assume that any criminals who do not adhere to their probation guidelines
are unrepentant and potentially dangerous in society. As a result, they
will prosecute them severely.
In California, it is important to understand the punishments that might
follow if you violate probation. You will need to be prepared to pay a
base fine between $390 and $1,000 depending on the degree of your offense.
Unfortunately, this is only the base costs so by the time that you pay
all court assessment fees you will probably have to pay at least twice
and possibly triple the amount.
Lose Your License
If you did not lose your driver's license after your original offense,
breaking probation will certainly guarantee this punishment. This means
that you will need to manage without your license for between six months
and four years depending on the degree of your offense. You may be able
to obtain a restricted license which is useable for school, work, DUI
course, or any other court-approved location. You may also be required
to complete a 12-hour to thirty-month DUI school program as an additional
Ignition Interlock Device
You may also be required to install an ignition interlock device on your
car as a part of your probationary terms. These devices are required for
all offenders in Los Angeles, Alameda, Tulare, and Sacramento County,
but Orange County only issues them in select situations.
There are times that the courts will deem that a probation offender should
perform community service as an additional sentence, or may have to do
Cal-Trans roadside work. As well, the courts may force an offender to
pay restitution to anyone who suffered an injury in the midst of a DUI
Alcohol Program Attendance
As well, in California, there are times that the courts demand that an
offender attend Alcoholics Anonymous or listen to a Victims Impact Panel
at Mothers Against Drunk Driving. There are also a variety of different
DUI school programs that are set up for DUI offenders in the United States.
These include a short 12-hour program that is sometimes issued for first-time
offenders. There are also times that offenders need to attend three-month
programs, 18-month programs, nine-month programs, or even a 30-month program.
Failure to attend or complete all necessary coursework can result in further
Hospital or Morgue Visit
First-time offenders on probation may be forced to attend a Hospital and
Morgue program as well. This is a scare tactic which is used to show men
and women that people die from drunk drivers on a daily basis. If you
fail to show proof of enrollment in your classes, fail to pay fines, fail
to appear for post-conviction appearance, fail to pay restitution to victims
as ordered by the court, or fail to attend any alcohol programs, community
service and labor commitments, or other courses, then you will be issued
a bench warrant. You must produce proof of completion for all assigned
tasks in order to prove that you have been faithful and reliable during
Restrictions While On Probation
There are a variety of different restrictions that are placed on probationary
criminals, but a few of the most common ones are three to five years of
informal probation. This is when you don't need to report to a probationary
officer, but any arrests will cause a severe punishment. You may be required
to steer clear of any other offenses while on probation, but in select
cases, traffic infractions may be excised. As well, there is a requirement
that you may need to submit to a chemical test if you are arrested on
suspicion of drunk driving.
Zero Tolerance Policy
The tests that you may need to submit to include preliminary alcohol screening
and other blood, breath, and urine tests. In most probation stages, individuals
are placed on a zero-tolerance policy. This means that if you even so
much as have a 0.01% BAC and are caught, then you can be arrested and
charged as if you had been over the legal limit of 0.08%. Teenagers are
also held to this same zero-tolerance policy when it comes to drunk driving.
In California, driving with any measurable amount of alcohol in your system
while on probation is considered illegal. If you are caught violating
the law, you will spend at least 48 hours in jail.
Call Attorney Goodman Today! Highly Qualified Defense
If you are arrested for violating probation, you may want a new lawyer
to help you. At The Law Offices of Jacqueline Goodman, you can make sure
that you have a hardworking and dedicated lawyer on your side. This accomplished
attorney recently obtained the
California Attorneys for Criminal Justice 2012 Skip Glen Award because of her noteworthy accomplishments in criminal defense.
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