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 punishment.
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 collision.
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 punishment.
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 that 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 your probation.
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.
Call (714) 266-3945 today to get more information!