When a person is arrested for driving under the influence, the possibility of incrimination can trigger several daunting thoughts. DUI conviction of one’s criminal record has harsh legal and civil consequences. The alleged offender may worry about going to jail, paying hefty fines, missing school/work, and above all, disappointing his/her loved ones. Most first-time DUI offenders are granted probation as an alternative (and less severe) punishment to imprisonment. While this helps an individual avoid the troubles and humiliation of being locked up in jail, it does not truly recover their freedom.
The purpose of DUI probation is to ensure that the offender learns from his/her mistakes and is prepared to function in the society as a responsible citizen. The rules and restrictions of DUI probation are inconvenient, thus abiding by them is often challenging. Think of probation as a contract between you and the judge; you get a ticket out of jail in exchange for decent social behavior. If you fail to fulfill the conditions of probation and/or violate the terms, the judge can revoke the agreement and order a re-arrest. You shall be charged with DUI probation violation and receive additional penalties.
General Requirements of DUI Probation
The terms of DUI probation vary with frequency, seriousness, and location of the offense. The duration of probation for first-time offenders is normally between six months to two years. Nonetheless, you may expect few or more of the following stipulations:
1. No Drinking or Driving
When you are on DUI probation in California, you are subject to the state’s zero tolerance policy. This means that there should be no alcohol in your system. Moreover, you cannot drive unless you have a valid driver’s license and auto insurance. If you drive while your license is suspended, you will be charged for a separate offense and get arrested.
2. Timely Payment of Fines
You have to pay DUI court fees, charges for any DUI program you are enrolled for, probation officer fees, and restitution if applicable. Delaying or refusing to make payments will surely get you in trouble.
3. Mandatory DUI Schooling
The judge may order you to attend a DUI schooling or rehabilitation program, depending on the nature of the offense. Repeat offenders usually have to complete longer and more complex courses. Missing classes, meetings, and other group activities can deteriorate your position.
4. Reporting to Probation Officer
DUI offenders under supervised probation are required to report to the officer on a regular basis. You must demonstrate punctuality for scheduled meetings and always comply with your supervisor’s orders.
5. Attending all court meetings/hearings
Not showing up for court hearings will leave a lasting bad impression on the judge, so you can expect to be sent back to jail. They may view you as careless or reckless, and thereby terminate the probation agreement.
6. Submission to Random Testing
The probation officer can check in on you without prior notice or consent. They may request a breath or chemical test to inspect your blood alcohol levels at any given time. Refusal to DUI testing will result in adverse repercussions.
7. Abstinence from committing another crime
As probation is all about remaining on your best behavior, breaking the law or committing another crime in the meantime is an obvious deal breaker.
8. Installation of alcohol detection IID (Ignition Interlock Device)
If your driver’s license is reinstated, you may get permission to drive after you install an ignition interlock device in your car. This device will test your blood alcohol levels, and prevent the car from starting if you are not completely sober.
End Note
It is possible to attain an early release from probation if you maintain an exceptionally compliant and co-operative approach. For instance, a two year probation sentence could be reduced to half if you manage to seriously impress your supervisors. However, if you fail to fulfill a requirement or violate a term by error, contact DUI Lawyer in San Fernando, CA, right away to initiate damage control.
