What happens if I violate my probation for a DUI conviction?

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Answer: Probation is not a "get out of jail free" card. It is a system by which a court can lessen certain penalties resulting from a conviction in return for a promise that the defendant will adhere to a set of rules. If the defendant breaks the rules, the suspended penalties may be reinstated, as well as additional penalties.

For example, a judge may limit or eliminate jail time if the DUI defendant agrees to conditions such as payment of a fine, random drug testing, a promise not to drive or to drive under limited conditions. Other common DUI probation conditions include rehabilitation or counseling, maintaining a clean record with no other moving violations or alcohol related offenses, and use of an interlock monitoring device.

If these conditions are violated, the defendant faces reinstatement of the original punishment –- for example, jail time – as well as additional penalties for violation of probation. These may include license revocation, fines, additional fees, and mandatory testing.

If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing. If the defendant violated probation by breaking a law, the probation revocation hearing will probably take place after the new offense has been disposed of. Defendants are entitled to written notification of the time, place, and reason for the probation revocation hearing.

If you have violated your DUI probation it is advisable to speak with a qualified attorney for defense assistance.

by: , Attorney

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