As a legal professional, I've been dealing with a significant number of DUI probation violations, each with its unique circumstances. The severity of these violations can be categorized into internal and external violations, each carrying its own set of consequences.
An internal violation of DUI probation is when the judge orders you to do something or not to do something. You violate the terms and conditions of your DUI probation – either you don't do what you're supposed to, or, for example, the judge orders you to abstain from drinking. You're caught drinking because you have a scram bracelet on or because law enforcement catches you, and you're under the influence of alcohol.
An external probation violation occurs when you do something outside your probation that violates your probation. A great example of this would be if you pick up a new DUI case or a new criminal case, which would be an external violation of the DUI probation.
Depending on the severity of the violation, the judge will determine the appropriate course of action. For example, if you don't do your DUI class, the judge can give you a chance to do it again, or if it's severe enough. You're just not doing it at all. If the judge perceives that you are ignoring their order, then the judge can throw you in jail for some time, then let you out, and you'll be ordered to do the DUI class again.
Driving on a Suspended License
Other examples of probation violations in DUI cases have to do with driving a vehicle either when your license is suspended because of the DUI or driving a car under the influence of alcohol when you've been ordered not to have any drink in your system while driving a vehicle.
Another big one that we see in the San Fernando Valley court and the Downtown Los Angeles courts is that there's an H20 squad, which is a squad that tracks people who drink alcohol and drive.
For example, if someone goes to court, the H20 squad will have a description of them and all related information, such as their vehicle or license plate number, and they will follow them from the court back to their vehicle. And if they're not supposed to drive, they'll pull them over and cite them in court. If they are intoxicated, they will file a probation violation and a new case against them.
Danger Level to Community
So, they take these DUI probation violation cases very seriously, and there's no one correct answer or solution as far as a DUI probation violation in LA County goes. It depends on the totality of the circumstances, your prior criminal record, and the most significant thing the judges and prosecutors are looking at – in my experience, when it comes to DUI probation violations – is your danger level to the community. The potential consequences of a DUI probation violation are serious, and it's crucial to understand the gravity of the situation.
In other words, the more dangerous they perceive you as being to the community, the more likely they are to throw you in jail or prison, the more likely they are to put a bunch of restrictions on you.
If you find yourself facing a DUI probation violation, your best course of action is to seek legal representation. A local lawyer with experience in handling DUI cases and familiarity with the courthouse where your case is pending can significantly improve your chances of a favorable outcome. Remember, when it comes to DUI probation violations, the court takes a no-nonsense approach. Having a skilled attorney by your side can provide you with the guidance and reassurance you need during this challenging time.
They need to continue the case and address the open issues as they have done with previous cases. Often, because you're on probation to them, the judge has the power and authority to take you into custody.
Contact our Firm for Help
When it comes to one of these probation violations, you want to be ready to go and have an attorney at the ready, right from the beginning. Because it's tough to fight your case when you're in custody, it's much easier to deal with your issue when you're out of custody. The urgency of the situation necessitates immediate legal assistance to ensure the best possible outcome for your case.
So, your attorney, and of course, I do this when I handle my DUI cases – if the person is on probation and there's an argument that they've violated their probation, you have to be prepared to go.
Often, the case must be resolved right there and then, or your client will languish in jail, waiting for the next court date. When I say 'resolved', I mean that the attorney and the client need to be prepared to present a strong defense or negotiate a favorable outcome. You don't want your client to remain in jail, so you want to be prepared to resolve the case and achieve the best possible result for the DUI probation violation.
