If you are convicted of a San Bernardino DUI, possible fines, jail time, driver’s license suspension, etc. can be difficult to deal with. For DUI offenders who violate probation, however, a particularly rude awakening is in store. California doesn’t play! Admittedly, there is a problem with drinking and driving, so the state is doing all it can to curtail the occurrences.
If the terms of a DUI probation case are violated, a police officer or probation officer – pending a probation violation hearing – can take the violator into custody. The judge has the discretion at the hearing whether or not to modify probation, reinstate probation, revoke probation entirely and put them in custody, or impose stricter terms. Typically, for first-time misdemeanor DUI, the court will impose misdemeanor probation on the defendant.
Probation Terms
In DUI cases, here are some common probation terms imposed:
- Driver’s license suspension
- Complying with drug and/or alcohol tests
- Fines
- DUI school
Either in lieu of or in addition to existing DUI penalties, some judges impose others, as well. For a first time DUI conviction, some of these penalties can include the following:
- Driver’s license suspension
- Attend a victim impact panel
- Fines up to $1000
- Up to six months in county jail
Common DUI Probation Terms
A judge may award a DUI offender with probation upon conviction. By agreeing to abide by certain conditions and terms, the defendant avoids jail time. The following may be included under “conditions and terms”:
- If arrested on suspicion of driving under the influence, they must agree to submit to a DUI blood test or a DUI breath test
- Community service
- Alcohol and/or drug testing
- From six months to four years, suspended driver’s license
- Fine of anywhere from $390 up to $2000
- During the probationary period, they must agree not to drive with any measurable BAC (blood alcohol content)
- Completion of DUI school
Violating DUI Probation
Law enforcement can arrest someone who violates DUI probation terms. For the person’s arrest, a judge may issue a bench warrant. A probation violation hearing must be attended by the offender once arrested. After a court hearing, whether or not the person violated the terms and conditions of probation will be determined (ruled upon) by a judge. Nothing happens if the judge decides that no violation took place. Just like before the hearing, the conditions would remain the same and the person would stay on probation.
If, however, it is decided by the judge that the terms of probation were violated, a judge may do the following:
- Revoke probation
- So that they are stricter, modify the terms of probation
- On the same conditions and terms, simply reinstate probation
If probation is revoked, the defendant can be ordered by the judge to serve out their underlying prison sentence or jail sentence. For the record, when compared to a criminal trial (where a case must be proven beyond all reasonable doubt), a probation violation hearing uses a lower standard of proof. In some cases, a preponderance of evidence may be enough for a prosecutor to prove that probation was violated by the defendant.
If the probation violation is a criminal offense, new criminal charges would be faced by the defendant. This is in addition to their already existing DUI. A new set of penalties could result from new charges.
If DUI Classes Are Part of Your Agreement, Jackson-Bibby Awareness Group, Inc. Can Help
At Jackson-Bibby Awareness Group, for multiple DUI offenders and first offenders, our education programs for San Bernardino DUI involve counseling, mentoring, and classes.
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