Upon your driving under the influence (DUI) conviction, the judge can place you on probation, which can be informal or formal. Formal probation requires supervision by the probation department, while informal probation does not. While probation allows you to be released back into society, it does not come with the same degree of freedom as a typical citizen. There are conditions you must meet to avoid probation violation proceedings. Please read this article to learn more about how DUI probation works in California.
Conditions of DUI Probation
California courts impose specific terms and conditions whenever a defendant is sentenced to probation. These conditions are imposed depending on whether it is a first or second DUI conviction. Judges impose other conditions irrespective of the number of your previous wet reckless or DUI convictions.
Here are terms that vary depending on whether it is your first or second wet reckless crime:
- A fine ranging from $390 to $1,000 — Depending on where you are convicted, the amount can increase drastically after the judge factors in court assessments and penalties.
- Spending time in the county jail
- Enrolling in DUI school
- Driver's license suspension 6 months to 48 months — Typically, you can continue operating your car at any location once you install an ignition interlock device (IID). After some time, you could obtain a restricted driver's license.
Judges impose the following probation terms irrespective of whether it is a first-time or second conviction:
- Refraining from operating a car with any detectable blood alcohol concentration under the zero-tolerance regulation for individuals on probation
- Agreeing to take the chemical tests
- Three (3) to five (5) years of summary informal probation that does not need supervision from the probation department
- Not violating another law when serving probation
Zero Tolerance Law
The zero-tolerance regulation under VC 23600 bans you from operating your car with alcohol in your bloodstream while still on probation.
Breaching this law leads to probation revocation, which happens when the blood alcohol content (BAC) exceeds 0.04%. Nevertheless, you can avoid probation revocation by serving forty-eight hours in jail.
A more severe repercussion of breaking VC 2600 is the withdrawal of your driving privileges for a year. To fight the suspension, you should request an administrative hearing with the Department of Motor Vehicles and win.
When an IID is Necessary
An IID makes your vehicle ignite only when you submit a breath sample without alcohol. The court can order you to have an IID installed as a DUI probation condition if:
- Your BAC is 0.15 percent or higher
- You refused to take a chemical test
- It is a subsequent DUI charge
- You plan on continuing to drive during your driver’s license suspension duration
The court can order you to install the IID for 4 months to 48 months, based on the following factors:
- Is it a first or second DUI conviction?
- Whether your conviction was for a standard DUI or a DUI resulting in injury
The Department of Motor Vehicles will also require you to install an IID for twelve to 36 months if police arrest you for driving with a suspended driver’s license while intoxicated.
DUI Driving Limitations
A mandatory condition of a DUI probation includes not committing any criminal offense while on probation. The prohibited offenses include vehicle code breaches, like driving without a license or up-to-date car insurance.
You should ensure you do not operate a vehicle with a suspended driver’s license. Violation of Vehicle Code 14601.2 VC attracts incarceration and hefty fines. The severity of penalties also escalates with every subsequent conviction.
The offenses listed above can result in charges for probation violation and other criminal offenses.
Alternative Sentencing For DUI Probation in California
Judges can impose alternative sentencing remedies made available as terms and conditions of your probation, providing you with opportunities for probation and personal growth.
Different alternative sentencing options include the following:
- Performing community service
- Victim restitution if anyone suffered damages or injuries in relation to your crime
- Alcohol education program
- House arrest
Electronic Monitoring and House Arrest
You may qualify for home confinement and electronic monitoring. The option requires being confined to your house at certain hours of the day for the probation duration. Electronic monitoring enables law enforcement to supervise your probation.
Nevertheless, you can attend school, work, or other specified activities. The option permits you to continue working and meeting family obligations while serving probation. Failure to adhere to the conditions of house arrest results in revocation of probation and incarceration.
The sentencing judge can order you to put on a Secure Continuous Remote Alcohol Monitor (SCRAM). Defendants wear the device around the ankle to detect alcohol content in the sweat. The devices are programmed to inform law enforcement of present intoxication.
Furthermore, the device has a heat sensor that can tell whether you have covered, removed, or interfered with your SCRAM device.
Typically, judges order repeat DUI offenders to wear SCRAM devices. If you are under the influence of alcohol and the device records it, the judge could consider it a probation violation and revoke your probation.
Mandatory Community Service
Judges often impose community service when sentencing defendants for a first-time DUI crime as an alternative to incarceration.
Some of the factors judges consider before imposing community service include the following:
- The case facts, including your BAC percentage during your arrest
- Whether the DUI is your first offense or a subsequent conviction
- Aggravating factors, like an injury or accident stemming from the DUI
- Your overall criminal history
The court would require you to engage in community service instead of jail time if the following applies:
- Your BAC was low
- You are a first-time offender
- Your drunk driving did not injure any person
- You have no criminal record
Note, it is not a must for the judge to impose mandatory community service; they are allowed some level of discretion during sentencing. Your legal counsel should persuade the court to impose less severe penalties, like community service.
Alcohol and Drug Programs
When you have an addiction issue and are dedicated to recovery, the court can instruct that you enroll for treatment instead of serving time in jail. These treatment programs offer comprehensive support, medical care, counseling, and therapy to assist you in overcoming substance use dependency.
Inpatient programs require you to remain at the treatment facility for the specified period; the programs are intensive, requiring dedication. Relapsing is difficult, but it can be costly.
On the other hand, you complete an outpatient treatment program from your home. During the treatment, you meet for regular appointments or sessions. Since the program has less supervision, you are more likely to relapse. The treatment is less costly but requires more time to complete successfully.
Another similar treatment option for individuals suffering from substance abuse is drug court, which works as an alternative sentencing option. Drug court requires undergoing routine drug testing, attending treatment appointments, and making regular court appearances. If you complete drug court, the court can reduce your criminal charges or dismiss them altogether. Nevertheless, a drug court is strict and requires more dedication from participants.
Some of the alcohol-related programs are as follows:
Alcoholics Anonymous (AA)
You can be ordered by the court to attend AA meetings weekly, even if you have no alcohol-related issues. The court gives you an attendance form, and the person in charge of the meetings should sign the form once you complete each session.
Failure to attend these meetings or to secure an accurate signature on your verification card can be deemed a probation violation.
Mothers Against Drunk Driving (MADD) Victim Impact Panel
Typically, judges impose MADD as DUI probation terms for first-time defendants as a way to communicate the seriousness of the crime.
It is like a seminar that lasts for 150 minutes. It entails speakers recounting how drunk driving has affected their lives. The speakers include the following:
- Victims
- Loved ones of victims
- Emergency responders
Their presentations revolve around family members who have experienced automobile crashes due to drunk driving or what they have witnessed.
DUI School
During your probation, the judge can order you to enroll in DUI school
DUI school consists of five programs as follows:
- A 12-hour program — Judges impose the program following a first conviction or a dry reckless DUI conviction.
- AB541 program — Typically, judges grant this three-month program to first-time driving under the influence defendants.
- A 9-month DUI program — The court can order your attendance if you have a high BAC level for a first DUI charge or if you are found guilty of a wet reckless and have a previous wet or DUI conviction in the past ten years.
- An eighteen-month program — The court can order this program following a second DUI charge.
- A thirty-month program — The program is only available in some counties in California. The judge orders this treatment if, upon successful completion of the eighteen-month program, police arrest you for a subsequent DUI offense.
While undertaking any of the programs listed above, you should avoid using intoxicating substances. If your program director suspects you are intoxicated, they could expel you, resulting in a violation of your probation.
Hospital and Morgue Program (HAM)
The HAM program is an alternative sentencing referred to for first-time DUI defendants. The program has four components that include:
- Alcohol awareness class — The class tackles alcohol use, where you will be guided in examining your drinking behavior, emphasizing traffic safety.
- Hospital visit — The visit involves addressing healthy and risky choices. You will be instructed through a realistic exam of traffic-related trauma and life-saving interventions.
- Coroner’s visit to the morgue — If you have exhibited risky driving conduct that culminated in death, you receive a tour of where bodies are examined, stored, and processed. Therefore, the encounter serves as a reality check by showing you the fatal repercussions of dangerous choices.
- The reflective component allows you to assess your program experience, clarify lessons learned, and identify healthier habits. The court will require you to write an essay about your experience.
Consequences of Violating Your DUI Probation
Based on the case facts, if you violate your probation, the judge can decide to do the following:
- Increase your initial probation duration
- Order the installation of an IID
- imposing more requirements or more stringent supervision
- Require that you pay fines to the court
- Mandate you attend DUI school or an alcohol treatment program
- Revoke your probation and order your incarceration
Tips for Successful DUI Probation Completion
Completing your probation successfully requires dedicated effort and abiding by all court-imposed conditions. Some strategies that can help you with compliance include the following:
Maintaining Thorough Documentation
Keep detailed records of every required action, including community service hours, attendance at DUI school, and meetings with your probation officer. Records help demonstrate compliance in case of any issue.
Avoid Scenarios that May Result in Violations
Keep out of environments where drugs or alcohol are served to avoid potential probation violations. Making sound decisions about social activities and settings can substantially lower the risk of breaching probation conditions.
Obey Every Court Order
Ensure you abide by all court-imposed conditions, including attending the required programs and meeting all deadlines.
Stay in Touch with Your Legal Counsel
Routine communication with your DUI lawyer ensures that any issues that may arise are addressed promptly. Your attorney will offer you ongoing advice and support, enabling you to navigate all legal difficulties during your probation.
Find a Competent Drunk Driving Lawyer Near Me
DUI probation is a key part of a drunk driving conviction, providing an alternative to serving time while requiring stricter adherence to court-imposed conditions. Understanding your probation terms and avoiding violations is vital to completing the probation period. If you are charged with DUI or probation violation, the skilled legal team at Jonathan Franklin DUI Attorney can help you. We can help you understand your DUI probation terms, and if the terms are harsh, we can file a motion to modify them.
If you are charged with breaking probation terms, we can represent you in court and work aggressively to help you obtain the best possible case outcome. Please contact our Los Angeles office at 323-464-6700 to book your initial consultation.
