What Happens If You Get A DUI While Already On DUI Probation In Marin County?

In this article, you can discover…

• How the DUI probation program works in California.
• Whether you might be eligible for long-term rehab services.
• How an attorney can help you avoid a probation violation.

How Does DUI Probation Work In California?

DUI probation serves as an alternative to prolonged jail time after a DUI conviction, and must be ordered by a judge. There are different levels of DUI probation in the San Francisco Bay Area: felony probation, misdemeanor probation, and “supervised probation”.

In Marin County specifically, felony probation applies when you have a fourth DUI within 10 years, have a prior felony DUI within 10 years, or when someone is injured because of your driving.

Felony probation comes with strict conditions. You will likely have to report to a parole officer, for one. You will also have to submit to searches of your home and vehicle for evidence of drugs or alcohol. Random tests for drugs and/or alcohol in your system will also be conducted, tests which might be required at any time of the day or night. You could also have your trash searched for alcohol bottles, as you will be prohibited from possessing or using alcohol during this time.

Misdemeanor probation in Marin County is less strict and may come into play if this is your second or third DUI within 10 years. You will likely still be subjected to searches and testing.

The final and most common type of DUI probation is “supervised probation”, where you will only have to come in for periodic drug and/or alcohol testing.

Other requirements of DUI probation may involve trash pickup, wearing an ankle monitor, and only being allowed to drive to and from work.

Depending on the level of probation, these conditions can last anywhere from one year for a “wet reckless” conviction to five years for a felony DUI, especially if a child was endangered. Violating the conditions of your parole can lead to new legal troubles and jail time, so it’s best to stay very strictly on track.

Attorney Aaron Bortel is a determined, uniquely focused DUI defense attorney serving California. Since 1992, he’s helped clients just like you navigate DUI probation with skill, tailored legal advice, and quality representation.

Have questions or concerns about a DUI arrest, possible jail time, or probation? Reach out to the Law Offices of Aaron Bortel for an initial consultation today.

Can Completing Probation Allow My Record To Be Expunged?

Yes. Once probation is over, you can ask your attorney to file an expungement motion for you. If the motion is granted, the court takes your case and dismisses it. While your conviction will still show up on your record, it will be noted as “dismissed”, which can help you with employment in California and other states.

What Restrictions Am I Already Under While On DUI Probation?

During probation, you’re already adhering to strict terms to avoid jail time. If you violate the terms of your probation, especially by getting a second DUI, the courts will typically want to tack on even more jail time to the sentence you must now serve. If you’re charged with a second DUI that involves injuries or property damage, the additional jail time could be much higher.

California follows a half-time rule, which allows you to earn four days of credit for every two days served, reducing (for example) a six-month sentence into just three months in jail. Still, these are three months away from your family, friends, and normal life.

The more trouble you get into within a given time frame, the less likely Marin County courts are to allow for probation instead of jail time. To help the courts see that you’re serious and that a re-offense isn’t likely, it’s best to enroll in programs like Alcoholics Anonymous, rehab, or therapy ahead of time.

Could I Potentially Avoid Jail Time By Agreeing To Go To Rehab?

Possibly. If you are eligible and willing to enter into residential treatment, this can count towards nearly full credit for time served. You may still have to serve the mandatory initial 48 hours in jail, though this can typically be converted into 80 hours of community service.

Many people can’t take the time away needed for residential treatment because of their jobs, and others refuse to enter rehab. But if you can take the time away to commit to residential treatment, this can be one of the best options, especially for a second DUI.

What Happens If My Second DUI Is For Drugs Instead Of Alcohol?

Each case is different. Whether your second DUI is for drugs or alcohol, how a judge views your case will depend on your attitude toward the officers, your driving, and whether anyone was hurt because of your impaired driving. Typically, in most cases, second DUIs are judged based on circumstances, regardless of what type of substance was in your system.

Can A Lawyer Help Me Avoid A Probation Violation Charge?

Potentially, yes. An experienced DUI defense attorney can look at the circumstances of your alleged probation violation and find a means to argue in your defense. Police officers can make mistakes during an arrest. Breathalyzer machines can give inaccurate readings. It simply depends on how the probation was supposedly violated and what new charges you’re facing.

For the best legal results, it’s important to work with the most experienced DUI defense attorney you can afford. While free, public defenders can be very busy, generally too busy to give your case the attention it needs. In fact, the amount of time you spend during your initial consultation with a private attorney may be more time than a public defender spends on your entire case.

I’ve dedicated my entire career to DUI defense. I know how the procedures work, how the local Marin County courts work, and how to get you the best results possible, given your circumstances. It’s best not to gamble with the outcome of your case, and you should never try to represent yourself. For the strongest outcome, let an experienced DUI-specific defense attorney review your case.

Still Have Questions? Ready To Get Started?

For more information on DUI while on probation in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 520-7182 / (415) 520-6815 today.