DUI Probation: How Much Can One Mistake Cost You In California?

Probation is a frequent consequence of DUI convictions in San Francisco and throughout California. It requires that you follow certain agreed-upon terms, such as regular drug testing, attending DUI classes, and avoiding drinking while driving and other crimes. The probation always comes with a duration, and for some, even six months is enough time to mess up.

But don’t panic; even if this is the case for you, a good DUI defense lawyer will be able to guide you through the probation violation process to help you avoid automatically heading to jail.

What Happens If You Are Charged With A Crime Or Violate Your Probation Terms?

In San Francisco and the other Bay Area counties, if you are on probation for driving under the influence (DUI) and you violate the terms of your probation, one of which might be picking up a new criminal offense, several things can happen:

• The DA’s office can file a motion to revoke your probation.
• You could be charged with a second or third offense DUI, depending on how many you already have within the last ten years.
• You could be sentenced to up to six months in jail for a first offense DUI

If you are on probation in San Francisco, Marin, San Mateo, Santa Clara, Contra Costa, Alameda, Napa, or Sonoma counties for a first DUI offense and you violate probation, you would be entitled to a hearing. At this probation hearing, you do have the right to bring an attorney to represent you, but you are not entitled to a jury trial for a probation violation.

That said, if you are charged with a new offense because of the violation, you could get a jury trial for that charge, such as a second offense DUI.

How Much Jail Time Will You Get For A Probation Violation?

In California, we have half-time, good time, or work time credits. If you have violated your probation, you will get custody credit from your original case.

While the maximum penalty for a first DUI is typically six months in jail, the most you would realistically get is three months in jail. If you are on probation for a second or third offense, they will most likely give you a year’s sentence, minus any custody credits that you have.

Will Every Probation Violation Result In Serious Consequences?

Sometimes, if you are lucky, your probation violation will get dropped; in the best cases, it will not even get filed.

For example, if you are on probation in San Mateo County and you go up to Sonoma County and get in trouble for being intoxicated in public, San Mateo County might not even ever find out about the offense. If they don’t, you got lucky.

Most of the time, however, the jails or the DA’s office will notify the county where you are on probation to let them know. If the second offense occurs in the same county, you can rest assured that county will take action for a violation of your probation.

What Should You Do If You Are Arrested Or Charged While On Probation?

While it is obviously best to avoid anything that might even conceivably be considered a violation of your probation, mistakes do happen. Such an error could be a very costly one for you if you do not work quickly to get it dropped or reduced.

To that end, it is vital to contact an experienced DUI defense lawyer. Together, we can fight the violation charge and limit the harm to your probation or original charge.

For more information on DUI probation offenses in San Francisco, a free initial consultation can be arranged. Get the information and legal answers you are seeking by calling (415) 520-6815 today.