Violating DUI probation can lead to serious consequences. It typically involves a probation violation hearing and can result in a sentence extension, jail time or stricter probation terms.
Many people who have violated their probation say that the experience is worse than doing the original DUI. It can have devastating effects on a person’s life and family.
Failing to Attend Court
A probation violation charge can be a very serious offense. It often leads to the judge removing you from probation and sending you to jail. The judge may also impose other penalties that are not related to your DUI case. If you are accused of a probation violation, your best option is to hire an experienced attorney who has handled these types of cases before.
RJ Harber is an experienced criminal defense attorney who understands what the state will try to do in a probation violation hearing. He will build a strong case on your behalf to fight for your freedom.
DUI probation can come with restrictions that include alcohol abstinence, community service, and house arrest or electronic monitoring. The judge will decide what conditions are necessary for your safety and well-being. Generally, you will be expected to complete a court-approved DUI program for 30 months and pay fines. The judge may also impose other restrictions including driving restriction and mandatory IID installation in your vehicle.
Failing to Complete Treatment
While many DUI convictions come with mandatory treatment programs, it’s important to follow the requirements of these programs precisely. Failure to do so could result in a special condition violation. Examples include skipping a DUI class or failing to attend group therapy sessions. Failing to pay required fines or fees is another possible violation.
A violation hearing is a type of mini-trial where prosecutors must prove, by the preponderance of evidence, that you violated the terms of your probation. At the hearing, both sides present their case and testimony is heard. Defense attorneys can cross-examine witnesses and argue their points.
During the violation hearing, the judge will evaluate the evidence and decide whether you should be put back on probation. The judge will also consider the severity of your violation and your previous probation performance. It’s critical to have an experienced lawyer by your side for these hearings. They can work with the prosecutor to secure a favorable outcome for you.
Failing to Comply with Community Service
Most DUI offenders will receive community service in addition to any jail time or fines that may be imposed. This form of punishment is often used to mitigate the amount of jail time a judge must impose and can also be a part of a plea bargain or order in lieu of a conviction.
It is typically overseen by the county probation department, and any failure to complete the designated number of hours can be considered a violation of probation. Transportation problems, the need for ongoing treatment or the requirement to care for children or elderly parents can all make completing the community service difficult.
An experienced criminal defense attorney may be able to convince the probation officer to waive the community service requirements or to delay their commencement, depending on the circumstances of the case. If a defendant fails to meet the terms of their probation, they will be charged with violating their probation and must attend a probation violation hearing.
Failing to Report to Court
A person who is on DUI probation must comply with all the terms set by the court, and this includes going to meetings and lessons related to their case, such as victim impact panels and alcohol education classes. They also need to take random drug tests, and they should always hire an experienced criminal defense lawyer.
Taking the time to keep up with all of these requirements can save someone from facing serious consequences if they get caught violating their probation. It is important to be honest with the probation officer and to report any changes in your situation, such as new employment or a change in living circumstances.
A person who violates their probation could face a range of punishments, including fines, jail time, and even having their probation revoked. The best way to avoid these penalties is to abide by the terms of probation, which are usually set by the judge who oversees your case.
