DUI Probation Violation Consequences
By: Mary Ann Pekara
When an individual goes on probation as part of a DUI sentence, it is essential that this person follows all the rules set forth by the judge and probation office. Any kind of abuse of the probation period can lead to severe consequences.
Probation requirements can vary by state, offense and court. However, there are certain, standard rules that most DUI offenders must follow, and may include:
- A probation period of several months or years
- Suspension, revocation or restriction of driver’s license
- No criminal activity at all
- No alcohol consumption (may be monitored electronically)
- No illegal drug consumptions (may be monitored electronically or through drug screens)
- An ignition interlock device on their vehicle
- Participation in DUI classes or a recovery program
- Regular meetings with a probation officer
Penalties for Violating Probation
The penalties for violating probation can vary to a wide degree. There are some instances where a probation officer issues a warning to prevent further violations from occurring. Other circumstances may warrant the offender to appear in court, which usually carries a penalty.
Probation hearings are much like a court trial. The prosecutor presents proof that a probation violation has taken place. Then the defense attorney counters with an argument on the offender's behalf. Afterward, the judge decides if there is more than a 50 percent likelihood that the defendant violated his terms of probation.
If fault is found, it is up to the judge to decide what punishment should be given to the DUI offender.
During this penalty phase, the judge generally has a lot of latitude. A number of factors often come into consideration, including whether or not this is the first probation offense, its severity and if any criminal activity was involved.
The sentences for probation violations may be any one of the following:
- Extending the probation period
- Additional jail time
- Additional fees
- Community service
- Additional DUI treatment
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