Typically, when somebody is put on probation for a DUI case, it can range from three years to five years. When I handle DUI cases in LA County, my clients are put on a minimum of three years of probation.

Probation and its workings also depend on whether the person is placed on formal or informal probation. Informal probation usually involves misdemeanor cases, which do not require the person to report to a probation officer.

Rather, they instead will have to do whatever they're supposed to, and a lot of times, the judges will have them come back and forth to court to make sure they do things like their alcohol program, pay their acceptable fines, and adhere to other terms and conditions that the judge places upon them. These other conditions could include community service, attending victim impact panels, or installing an ignition interlock device.

Formal probation is more stringent, and you typically have to report to a probation officer. This officer will keep much tighter guidelines on you, regularly checking in to ensure you're meeting the conditions of your probation. Often, in DUI cases, you can be put on formal probation and be ordered not to drink any alcohol or do an alcohol program.

You can be ordered to be tested by the probation department to ensure you're not using any illegal substances. The judge can impose a wide range of conditions on you if you're placed on formal probation. In the end, when it comes right down to it, whether you're set on formal or informal probation, it has to do with a lot of different factors. One of the most significant benefits is how your attorney can negotiate on your behalf and secure the best possible resolution for your case.

Terms of Probation

Many things that people are concerned about include what can happen if they violate their probation and what consequences may result. It's important to remember that the judge has significant control over probation violations. When you end up taking your plea in your case, the judge will tell you, Okay, you're now on probation.

Part of the terms and conditions of your probation is to obey all laws. So, if you break the law, you can violate your probation, and then you'd be looking at the maximum sentence for the charges you pleaded to. This is a serious matter that can have a significant impact on your life.

The judge will also give you specific terms and conditions and tell you that if you don't do what the judge tells you to do or you omit to do something you were meant to do, you will violate your probation. This can lead to serious consequences, including possible jail time and other punishments that the judge can give you. It's crucial to understand that violating your probation is a serious matter that can have a significant impact on your life.

Usually, the judges are pretty reasonable and will give you some flexibility if you need more time to complete your alcohol program or more time to pay money owed to the court. They will provide you with that time, and they will be reasonable.

It's when they realize that you need to take action on the case. You're just ignoring the court's orders and making a bunch of excuses that they will punish you for that, violate your probation, and then make it more difficult in the end to get your case dismissed if that's something that you're interested in.

Can my DUI Probation be Terminated Early?

Yes, there is a possibility for early termination of your DUI probation in Los Angeles County. The judge, who will make this decision, ensures a fair and just process based on your behavior during probation.

Before you have any chance to have it ended early, you must have no violations and have done everything the court ordered you to do. The biggest roadblock I see in getting a DUI probation terminated early is that prosecutors will argue two key points.

The benefit of the bargain was that you were supposed to be on probation for three years, so why should you be able to get your probation somehow earlier if that's the deal that was made between the defense attorney and the prosecutor?

The other argument is that the legislature has mandated that, for example, if you're convicted of a DUI for the first offense, you must serve three years of probation. Therefore, the judge would violate the legislative intent if they terminate your probation early. So, many judges will listen to these arguments, and therefore, yes, the prosecutor is right, and I'm not terminating your probation early.

The few times I have seen probation terminated early in a DUI case are when there is an excellent reason to do so. An example might be that you want to join the military, and you can't be on probation while serving.

You've already served two years, and some change of three-year probation, and you can make a powerful argument that I want to join the military. Look, the recruiter says, 'I'm accepted; I've done everything; I want to serve my country. ' Please let me off this probation. That would be a good example.

There are other examples related to jobs, family, and various activities that people want to pursue in their lives. This is all centered around reasonableness and whether a judge will give you a break and go against the prosecution. Sometimes, prosecutors can be convinced to terminate the probation early if you have a strong enough argument.

What Happens at the End of Probation

After probation is over, if you've completed everything you're supposed to, then you're no longer on probation, and you don't have to worry about any probation violation.

As your probation nears its end, it's crucial to fulfill all your obligations. If you haven't completed what you're supposed to do, or if you violate your probation in any way, the judge can take punitive measures. This underscores the importance of your responsibility and commitment to the court.

After probation is over, if you've done everything you're supposed to, your attorney can file a motion for expungement, which, if granted, will dismiss your case.

As I write this blog, there is no such thing as a true expungement in California, so your conviction cannot be completely wiped off. However, you can make it appear to the public as though your case was dismissed, which is the best you can do. So, as long as you've fulfilled the terms and conditions of your probation, you have a strong argument that you can get your case dismissed.

When you have problems as if you have an internal or external violation of your probation, this can cause you big trouble in a DUI case. Internal breaches typically do not do something the judge ordered you to do.

External violations typically involve you taking on a new case outside of your assigned jurisdiction, the judge becoming aware of it, and then attempting to enforce all laws, terms, and conditions of your probation, while also seeking to impose additional punishment. If you've got some DUI issues, you've got to get an attorney who's been down this road before, had success, and can help you get out of the system as fast as possible.