Probation for a DUI (driving under the influence) charge in Los Angeles requires you to follow certain rules issued by the court for a set period after a conviction. It’s a period when you are under special scrutiny to make sure you won’t drink and drive again.
Although less severe than jail time, DUI probation is still not easy. There are numerous rules you have to follow and actions you have to take to complete your probation. A Los Angeles DUI lawyer can help you better understand how probation works in a DUI charge in LA.
What Is DUI Probation in California?
DUI probation is a penalty you may face after a conviction that requires you to follow specific rules issued by the court for a set period.
There are two types of DUI probation you should know about:
General Probation for a DUI
DUI probation in California lasts anywhere from three to five years. The court can assign you “summary probation” or unsupervised probation. You will not have to meet with a probation officer; no one will stop by your house or workplace to check on you.
However, during the entire probation period, you have a special legal status that affects what you are and are not allowed to do.
The terms of DUI probation include:
- You agree not to commit any crime during your probation.
- You agree to submit to a chemical blood alcohol content (BAC) test if the police stop you on suspicion of a new DUI charge.
- You agree not to drive with any alcohol in your system.
Usually, a person can drive in California with alcohol in their system as long as it’s less than 0.08% blood alcohol concentration. Many adults can drink one or even two drinks and still potentially be under that limit.
This limit no longer applies to you. If the police find you driving with any measurable amount of alcohol in your system, it’s a probation violation. In practice, “measurable” means anything over 0.04%. Most adults will be over the limit after a single beer.
You can learn more about this form of probation and how unsupervised probation ends from your attorney.
California’s Alternative Sentencing Probation
Sometimes, the court will hand down another form of probation known as “alternative sentencing.” Judges use this probation if you are supposed to go to jail, but the judge lets you prove you don’t deserve it. You go to jail if you fail to carry out the alternative sentence.
California judges typically offer one of five types of alternative sentences:
- Community service.
- Roadside work for Caltrans, the California transportation agency.
- Taking alcohol education classes or treatment programs.
- Paying compensation to the people you injured with your DUI or whose property you damaged.
- House arrest or electronic monitoring.
Electronic monitoring uses an ankle bracelet that can check your blood alcohol level. The court may only issue this requirement for repeat offenders and those with an alcohol addiction.
The court may use other restrictions for your probation sentence. For example, the court may order you to take alcohol classes and also perform community service. Additionally, the judge can order other types of alternative sentences not listed here.
If you face a form of alternative sentencing, you must complete both it and the standard “general” probation period. An attorney can give you more information about this penalty and explain how probation works in a DUI charge in Los Angeles.
What Happens If You Violate Your DUI Probation?
Any probation violation carries a price. If you fail to meet the requirements, the judge may issue a warrant to arrest you. You will then have to serve jail time for your DUI charge. Or, the judge may give you just 48 hours in jail and let you keep your probation status.
On the other hand, if you violate probation by committing a crime—including driving without a license or refusing a blood or breath test—you will face the penalties for that crime, plus the probation violation penalties.
How Do You Violate DUI Probation?
The most common way that people violate their DUI probation is by driving illegally by driving without a license, driving on a suspended license, not carrying the right insurance, or driving somewhere that’s not allowed by your restricted driving privileges. The penalties are severe. Do not take any chances with driving while on probation.
Other ways to violate probation include:
- Failing to complete DUI school or not giving the court proof that you completed it.
- Failing to install an ignition interlock device or tampering with it.
- Failing to complete your alternative sentencing.
- Getting another DUI during probation.
- Refusing a blood, breath, or urine test.
- Driving with more than the 0.04% “measurable level” of alcohol in your system.
- Not paying your fines.
An attorney can help if the police accuse you of violating California Vehicle Code Section 23154: Driving While on DUI Probation or committing another act that violates your probation.
Making the Most of Probation
In some DUI cases, probation can be a good thing. It may help you avoid jail time and reduce your sentence. But it’s hard to argue for community service instead of jail if you don’t have an attorney, so it’s essential that you contact a Los Angeles criminal defense lawyer immediately after your arrest
Learn More About How Probation Works for a LA DUI Charge
How does probation work in a DUI charge in Los Angeles? This penalty for a DUI conviction requires you to adhere to specific rules for a set period to avoid jail time. You can learn more about this penalty with an attorney.
We can match you with a Los Angeles DUI lawyer who will give you a 100% free case consultation. Don’t wait until it’s too late—fill out our online contact form or call and get your FREE consultation today.
