Probation Violations in a Los Angeles DUI Case

  • September 4, 2017

    When you’re convicted of a DUI in Los Angeles, there are several possible outcomes for the punishment that you might receive. It’s best to hire an attorney who can advise you as to what you should accept and the defenses that you can use. One of the sentences that the judge could deliver is probation. This is like a second chance that the judge is giving you to show that you have learned from the mistakes that you made while driving under the influence. The original jail sentence is suspended when the judge places you on probation. You will likely be on probation for a few months to a few years depending on the severity of the incident. There are a few violations that you want to be mindful of because if you do violate the conditions of your probation, then your original sentence could be activated. This means that you would spend time in jail or prison.

    The conditions that you must follow will be determined by whether it’s your first offense or your fourth offense. If you have been charged several times with a DUI, then you’re going to have to do more things while on probation and be monitored a bit more than if you’ve never been in trouble in the past. There are fines that you will need to pay, usually each month to your officer. The fines are often determined by the amount of property damage if you were involved in an accident, the severity of any injuries if you’re involved in an accident and general fees and fines that you must pay. Your license could be suspended for a certain period. In Los Angeles, it’s usually at least six months. You will need to show the court that you have attended classes or taken the proper steps to have your license reinstated. Another option is a restricted license. This will allow you to get back and forth to work and to any meetings with your probation officer. Your probation officer will usually come to your home to make visits and request that you meet at the office at least once a month. Unless there is a valid reason that you can’t keep your appointments and you don’t show up, you will likely be violated.

    When you’re sentenced to probation, you will probably need to attend alcohol-related classes. It’s not enough that you show proof that you’re enrolled in the class, your criminal lawyer might tell you that. You must show a certificate of completion to receive credit for attending. If you don’t attend the classes, you might get another chance to take the class before your probation is over. However, if you don’t complete the class at all, then you could be violated.

    One of the requirements is that you don’t commit any other type of crime, especially any crimes that involve drinking and driving. If you are pulled over because an officer suspects that you have been drinking, then you’re going to be charged with that crime and likely automatically violate your probation. This would usually activate your original sentence. You’ll need to submit to drug testing in a variety of ways. The most common is a urine test to determine if you are using any kind of drug. Another is a breath test to see if you have been drinking. Refusing to take the test or failing the test would be grounds for a violation. Los Angeles has a zero-tolerance law in place and does not permit those who are on probation to continue drinking and driving. One consideration to keep in mind is that even if the judge revokes your probation, it’s possible to only spend up to 48 hours in jail after being arrested again until you go to court for the charges and for the probation violation. This is a time when you want to seek help from an attorney. You need someone who understands the laws of probation, the various violations and the defenses that you could use to get a second chance on probation. There is a possibility to be placed on an intense probation sentence that would involve a device on the car so that you don’t drive while drinking or suspension of your license for a longer period.

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