Any time there's a claim that you violated your probation in a DUI case, you're entitled to have a probation violation hearing. In other words, the judge can't automatically find that you violated your probation and then sentence you to the maximum for whatever offense you pleaded guilty to.

Obviously, in felony cases, probation violations are much more severe because, for a felony DUI, you're typically looking at up to three years in prison. In a misdemeanor DUI, first offense, you're typically looking at up to six months in jail, while a second or third offense could result in up to a year in jail.

These DUI probation violations in Los Angeles are not to be taken lightly. The court and the prosecutor's primary concern is public safety. Any violation of your probation could result in jail time, making it crucial to seek legal representation without delay.

Having an attorney by your side is not just crucial, it's your lifeline. They can argue on your behalf, presenting your case in a way that convinces the judge and prosecutor that you're not a threat to the community. Their expertise and advocacy will provide you with the support and reassurance you need during this challenging time.

Understanding the nature of the violation is crucial. Is it an internal violation, where you breached a specific term of your probation, such as abstaining from alcohol? This knowledge will empower you to navigate the legal process effectively.

That was one of the terms of your probation, and they found you drunk, walking around the street, and they tested your blood alcohol level, and you had alcohol in your system, and now you violated that term and condition of probation.

Or is it as simple as not completing your DUI class in a timely manner? So, that would be an internal violation – either not doing something you were supposed to or doing something that you were not supposed to.

I would consider an external probation violation in a DUI case as a new topic to explore. Everybody is required to obey all laws, and if you don't follow all directions, you will violate your probation and face the maximum penalty for the DUI you pleaded to.

Another area where I see people getting nailed on is driving. Even if you're not drinking and driving, if the DMV told you that your license is suspended and you're still on a suspended period, and the police pull you over and catch you, that's a serious offense. You're looking at mandatory jail time for that type of probation violation. Understanding the potential consequences will make you feel the seriousness of the situation and the need for immediate action.

Another scenario is that when you're on DUI probation, one of the standard terms and conditions is to have no blood alcohol level while you're driving. In other words, you can't drink at all, even if you're under the .08. So, if they test you and you're a .03, for example, and you're driving, then you violate your DUI probation, and you will be looking at jail time.

Standard For Probation Violation In A DUI Case

All the judge has to do is find by 51% that you violated your probation. If the judge finds that, then you've violated your probation, and you're going to be subject to jail time, community service, Caltrans, or whatever punishment the judge deems appropriate in your particular case, your specific scenario, and when someone is alleged to have violated their DUI probation.

Then, they decide to hold a probation violation hearing. The prosecutor is going to call witnesses to try to prove to the judge – not a jury, you're not entitled to a jury in a probation violation situation – but the judge, they're going to have to prove by 51% – which is a -preponderance of the evidence – that you violated a term and condition of your probation, and therefore, should be punished for that. Understanding this process will make you feel informed and prepared for what's to come.

Often, I see people get caught in difficult situations. Instead of trying to file a new case against them, the prosecutors do what's called an “instead of” filing, which means they will proceed directly with the probation violation, knowing it's easier to prove. This strategy is often used when the prosecutor believes they have a strong case for the probation violation and wants to avoid the time and resources required for a new case.

They know they only have to prove that by a preponderance of the evidence, whereas in a DUI trial, they'll have to prove the case beyond a reasonable doubt, which is a much higher standard.

So, suppose you have a probation violation related to a DUI case. In that case, there are all sorts of different angles that can be utilized to help you, to keep you out of jail, but obviously, you're going to need a seasoned DUI attorney to help make the final decisions on exactly how you're going to handle your case.

With a seasoned DUI attorney by your side, you can be confident in your defense strategy. Together, you will strategize and take the necessary steps to minimize the damage related to your DUI probation violation.