The bottom line is that any action leading to a probation violation in a DUI case will result in punishment from the judge who sentenced you. The severity of the violation determines the punishment.  For instance, a new DUI offense would be a grave violation, likely leading to a jail sentence.

If, on the other hand, you just missed one of your classes or were kicked out of your alcohol program and need to re-enroll, that would still be serious, but nowhere near as serious, and you could probably avoid jail time, especially if that were your first offense.

When it comes to DUI cases, there are what I would consider both internal and external probation violations.  An internal violation involves either not doing something the court ordered you to do or messing up the terms and conditions of your probation that were imposed against you at the time of your sentencing.

An external violation occurs when you engage in activity outside of your probation, such as taking on a new criminal case.  All probation cases have a term and condition that the person must obey all laws.

Technically, picking up any new criminal case or violating any law would violate your probation and subject you to jail time and other penalties. Suppose you have a probation violation in a DUI case. In that case, you need to either use the attorney that initially represented you in your case or get another attorney to represent you and go in there.

Then, explain why you violated your DUI probation and try to get another chance, avoid jail time, and avoid severe penalties that will impact your ability to work, move, or drive.

Probation Violation Hearing

When facing a probation violation, it's crucial to organize all your paperwork and have a detailed discussion with your attorney.  Together, you can devise a strategic plan to address the violation effectively.

Understanding the prosecutor's stance is vital in probation violation cases. Your attorney will present compelling arguments and engage in discussions with the judge and prosecutor. In DUI cases, the prosecutor's opinion often carries significant weight with the judge, so being well-informed about their perspective can help you prepare for the hearing.

So, if your attorney can convince the prosecutor, which I do all the time, not to argue for jail, there's a good chance you won't receive a jail sentence on the case, even though it's ultimately up to the judge. If it's handled the right way, the prosecutor is not arguing for jail; you have a reasonable attorney, a good rationale, and a clear understanding of why you violated your probation. With these factors in place, you can end up with a successful result, giving you hope for a positive outcome.

Additionally, you can attend a probation violation hearing where evidence can be presented, and you can attempt to defend against the probation violation.  You would use your attorney to do that, and you would only do so if it were in your best interest and if you had an excellent chance to either win or present the judge with mitigating circumstances to avoid a harsh penalty. During this hearing, your attorney will present your case and argue for a favorable outcome, which could include avoiding jail time or reducing your sentence.

How to Get the Best Result in a DUI Probation Violation?

If you find yourself on the wrong side of a DUI probation violation, immediate action is crucial. The first step is to hire an attorney who can provide the necessary support and guidance during this challenging time. 

The main driving factor in what happens to you is how effectively your defense attorney can argue for you at the probation violation hearing or negotiate for you with the judge and prosecutor. Your attorney is your advocate, and their ability to present your case in the best light can significantly impact the outcome of your probation violation hearing. This should give you confidence and reassurance during this challenging time. 

Understanding the nature of your violation is crucial. Did you not do what the court ordered you to do, which would be an internal violation, or did you get a new case, which would be an external violation? This understanding will not only help you navigate the legal process but also make you feel more informed and prepared for your probation violation hearing. 

Danger to the Community

Judges and prosecutors examine the behavior and determine whether it poses a danger to the community. If so, you can bet your bottom dollar that the prosecutors will try to put you in jail or prison if you have a felony probation violation for a DUI. A felony probation violation can have serious consequences, including a lengthy jail or prison sentence, so it's crucial to have a strong defense strategy in place.

So, you must figure out whom you will hire as your attorney. I've been doing this for 30 years. I've worked for the DA's office and a superior court judge and have defended people like you at probation violation hearings since the early 1990s.

So, I have much experience and know how to figure out what it will take to keep you out of custody and minimize the damaging impact of a DUI probation violation.

Review of the Case Details

The first thing I'm going to want to figure out is why you were put on probation in the first place:

• What type of matter did you have?
• Whether you have a criminal record,
• How dangerous was your behavior?
• How are you doing on probation?
• Are you doing everything you were ordered to?
• Have you had any prior violations of probation?
• What were the facts that led to the new probation violation?
• Is it some ticky-tack violation, or is it a serious violation?

We will also need to consider who the judge is.  Some judges are more challenging than others when it comes to DUI cases. We need to determine what we can do and what we can say to achieve the best outcome for you, thereby keeping you out of jail or prison.

If the case is a felony, get back on track to complete your DUI probation, avoid custody, have the case expunged if possible, and potentially even have it reduced to a misdemeanor if you're charged with a felony.

If you need the best, and you're appearing before a judge to address a probation violation related to your DUI case, pick up the phone immediately.  Contact the Hedding Law Firm and request a meeting with Ron Hedding.