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Penalties And Punishments For Repeat Probation Violations In A California DUI Case

OKABE & HAUSHALTER Oct 26, 2018 DUI

Violating your probation in California is no good, while repeat probation violations are a nightmare. Although you have been warned against violating your probation, it may be confusing as to what penalties and legal consequences are associated with probation violations in a DUI case.

It is true that there are cases when those who violate their probation in Los Angeles or elsewhere in California have their probation revoked and are sent straight to jail or prison. But if you are represented by a Los Angeles DUI defense attorney from Okabe & Haushalter, there is a high chance that your lawyer will be able to reduce the penalties and help you avoid more severe probation terms.

Probation conditions in DUI cases in California

“Penalties for repeat violations in DUI cases are rather harsh, but there may be a way to avoid punishment for violating your probation in California,” says our experienced DUI defense attorney in Los Angeles.

Before we get to the meat and potatoes of punishments for violating probation in California, let’s review the general terms of all DUI probations in the state to have a better understanding of how it all works.

Regardless of whether it is your first or subsequent conviction, these are the probation conditions that will most likely be imposed in your DUI case in Los Angeles or elsewhere in California:

  • Up to five years of summary probation, which does not require a probation officer
  • No committing of any additional criminal offenses while on probation (traffic violations that are not classified as criminal offenses are excluded)
  • The requirement to pass DUI breath tests and DUI blood tests when arrested on suspicion of driving under the influence of alcohol or drugs
  • A prohibition from operating a vehicle with any measurable (legally allowed) amount of alcohol in your blood while on DUI probation (California’s zero tolerance law).

What are the penalties and punishments for violating DUI probation?

Just because you are being accused of violating your DUI probation, it does not necessarily mean that you are in trouble. You have a right to participate in a hearing to protect your rights and defeat the accusation that you violated your probation.

In order to make sure that you successfully fight your probation violation case, it is highly advised to be represented by a Los Angeles DUI defense attorney. More often than not, probation officers do not issue a violation of probation and send you for re-arrest unless there is convincing and confirmed evidence that you violated the terms of your DUI probation.

If the judge has enough evidence that you violated your DUI probation, you may be resentenced with the judge revoking your probation and activating the suspended sentence. For example, let’s imagine that you were sentenced to 4 years in jail and were ordered 5 years of probation. If there is evidence that you violated your DUI probation, the judge may revoke your probation and activate the 4-year jail sentence, which will immediately be sent you to jail.

However, in many cases, the judge chooses to restore you to probation with additional or modified conditions of the probation in your DUI case. The severity of these terms depends on the negotiation skills of your DUI defense lawyer in California.

Contact Okabe & Haushalter to speak about your particular situation. Let our lawyers help you avoid punishment for violating terms of your DUI probation or reduce the severity of penalties in your case. Get a free consultation by calling at 310-430-7799.