Answer: DUI probation is often an alternative to a DUI conviction. Many people feel that when they are sentenced to probation for a DUI they have been given a "get out of jail free" card. The reality is that probation is a privilege and not a right. The following is DUI probation explained.
When a person convicted of a DUI is sentenced to probation there are specific rules they must follow in order to be in accordance with their probation. These are a few of the most common conditions of probation:
- court costs/fees
- random alcohol or drug tests
- alcohol monitoring devices
- no driving privileges or limited driving privileges
- rehabilitation or counseling
- no other moving violations or alcohol related offenses
Once one of these conditions has been violated the court usually takes a different approach to sentencing. There will be at least two different charges the individual has now, the first will be the probation violation for which they will need to appear, and the other will be the new charge, for instance if they have a new moving violation or have driven without permission.
Violating probation means the individual may face jail time for the rest of their previous probation. They could also have the probation extended. The offender will definitely have additional court costs. There will be consequences of the new charge as well. If the new charge is also related to alcohol, the judge will most likely give the maximum sentence as the offender did not learn from the first sentence.
If you have violated your DUI probation it is important to speak with a qualified attorney for defense assistance.