Drivers who get charged with a DUI while being on probation can expect serious consequences. When people are on probation, they must follow specific rules set by the court to avoid getting penalized.
One of the main regulations asks people on probation not to commit a criminal act. In that sense, a DUI arrest would count as a probation violation most of the time.
Many people ask themselves: "What happens if I get a DUI while on probation in CA?" The short answer is that they may get harsher penalties that will impact their lives for years to come.
In most cases, talking to a DUI attorney in Sacramento will help the person navigate their case and come up with a solid strategy to dispute their charges. However, if they violated their probation through a DUI, this may not be easy.
Below is a breakdown of how a DUI can affect probation periods for people. Goss Law can also advise on how to get a dui dropped to reckless driving in CA.
What Driving Restrictions Do People with DUI Charges Have?
People in California can't drive while being under the influence of drugs or alcohol. In other words, those driving in this state are violating their probation. That's not the only consequence, though.
Those who are accused of a DUI can also face criminal charges on top of the probation penalties.
Committing any kind of criminal offense during probation will result in a violation. Vehicle code violations, such as driving without a license or valid insurance policy, may also count as a crime.
According to the California Vehicle Code Section 14601.2 VC, people can't drive while their license is suspended, unless they have permission to do so. Those with restricted licenses may still drive, as long as they follow some rules.
Understanding all driving restrictions people with DUI convictions have will give them a better idea of what to expect if they were to violate their probation. However, this also applies if the person is on probation for any other valid crime.
About California's Zero-tolerance Law
According to the Vehicle Code Section 23600 VC, people can't drive with any measurable amount of alcohol in their system while on probation. This is called the "zero-tolerance" law.
A judge can revoke probation if the person is caught violating this law. More specifically, the driver can get their probation revoked if their BAC levels are at 0.04% or higher. If the person refuses to submit to a chemical test during probation, they could also get it revoked.
Besides the regular consequences of probation violations, not following California's zero-tolerance law could also result in an automatic driver's license suspension.
What Does a Probation Violation Mean in California?
Simply put, a probation violation happens when a person doesn't follow their imposed terms. This article will focus on those sentenced to DUI probation. The terms depend on whether it's the person's first, second, or third DUI.
Some of the "conditions" imposed by a judge in a first or subsequent "wet offense" include:
Fines of up to $1,000
Driver's license suspension for up to four years
California DUI school time
County jail time
General terms, however, include the ones mentioned previously, such as not committing any crimes while on probation, submitting to chemical tests when needed, and not driving with any measurable BAC. Usually, the person can get from three to five years of informal probation. This doesn't require the presence of a probation officer.
In case of a felony probation, however, the driver must report to an officer every month.
What Happens If Someone Gets a DUI Conviction While on Probation?
Those who violate their probation can expect many consequences. Judges may decide to:
Lengthen the probation period
Send the person to jail
Add harsher restrictions to the probation terms
However, it's important to remember that DUIs are a separate criminal charge. On top of the consequences mentioned above, a person can face misdemeanor or felony charges.
Drivers will need to attend a probation violation hearing if they get arrested for a DUI. There, a prosecutor will present evidence to prove that the person violated their probation terms. Goss Law can also provide insight on how to get off probation early for dui in CA.
Is It Possible to Dispute Charges for a California DUI Probation Violation?
To summarize, those who are drunk driving during probation will face many consequences. A DUI charge can be fatal for anyone, especially if they're already trying hard to finish their probation.
In some cases, people accused of violating probation can seek help from a DUI lawyer. These experts may be able to evaluate all the details of the case and prove that the person wasn't driving under the influence.
Some of the arguments that attorneys use during DUI cases involve:
The Driver Wasn't Impaired
One of the main arguments to use is that the person wasn't actually impaired at the time of the arrest. A police officer can accuse someone of driving under the influence even if they are sober, which can result in severe probation and DUI penalties.
Attorneys can dispute the results of BAC tests, ensuring the court knows the truth of what happened.
There Wasn't Probable Cause at the Time of the Arrest
In any DUI case, law enforcement officers must have probable cause when arresting someone. This means that they must have "reasonable grounds" to believe that the person was committing criminal offenses like a DUI.
If this wasn't the case during the person's arrest, the attorney could use that argument, which may help get the DUI charges dropped. As a result, the person may avoid a violation probation charge.
The Officers Didn't Perform BAC Tests Correctly
People on probation may have to submit to BAC tests from time to time. In some cases, however, police officers don't perform these tests correctly. Other officers use faulty equipment.
Not following proper procedures when performing a test can lead to incorrect results. These results can make the judge believe that the person violated probation even if they didn't. By getting the help of a lawyer, people can dispute the results of BAC tests.
Conclusion
Getting a DUI conviction while on probation can be devastating for the person. Not only do they have to deal with harsher penalties during probation, but they may also have to face criminal charges.
In some cases, people are wrongfully arrested for DUIs, and the team at Goss Law is here to help them. Those who are facing probation violation charges should seek a free consultation with this legal team to ensure they're getting the best advice possible to fight back.
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