What happens if I violate probation in a California DUI case?

If you violate the terms of your probation in a California DUI case, three things may happen:

1. the judge will issue a bench warrant,
2. law enforcement can arrest you,¹ and
3. the court will hold a probation violation hearing.²

At this hearing, the prosecutor presents evidence to prove you violated probation. Then I would present evidence to show you were not in violation or else that you deserve a second chance.

If the judge rules that you committed no violation, then nothing happens: You stay on probation, and the conditions remain the same as before the hearing.

Though if the judge rules that you did violate the terms, then the judge may:

• reinstate your probation as it was and let you off with a warning, or
• modify your probationary terms so that they are stricter, or
• revoke your probation and remand you to jail to serve out your underlying jail or prison sentence.

If your probation is revoked, your jail sentence can be up to six months in misdemeanor cases. If your DUI conviction was for a felony, the sentence can be years.³

Note that if your violation was actually committing a new crime, you will face new criminal charges in addition to your DUI case. The offenses I see most by DUI probationers are driving on a suspended license or driving without insurance.

Is it hard to win a probation revocation hearing?

They are winnable, but they are harder to win than criminal trials.

At a probation revocation hearing, a prosecutor only has to prove by a preponderance of the evidence that you violated your terms.⁴ This burden of proof means that it is more likely than not that you were in violation.

This is a much lower standard than at a criminal trial, where prosecutors have to prove your guilt beyond a reasonable doubt. Therefore, I prepare for revocation hearings just as much as I do for trials since the prosecutors have a leg up on us.

What are some common probation terms in California DUI cases?

Typical terms and conditions of a DUI probation sentence include:

• completing DUI school,⁵
• attending a MADD victim impact panel,
• agreeing not to drive with any measurable blood alcohol concentration (“BAC”) during the probationary period,
• paying a base fine of $390-$1,000,⁶
• having a driver’s license suspension of six months to four years,⁷
• installing an ignition interlock device (IID) for six months (unless you choose not to drive),
• submitting to drug and/or alcohol testing,
• doing work release (in some counties),
• performing community service, and
• agreeing to submit to a breath test or blood test if arrested on suspicion of drunk driving.

Note that some counties require a few days of jail time, even for a first DUI.

When determining your probationary terms, judges look to various factors such as:

• your criminal history,
• your BAC level,
• your age,
• the facts of your case, and
• local rules.

Is probation typical in California DUI cases?

Yes, judges typically grant misdemeanor (or summary) probation in DUI cases involving first-time charges for:

• California Vehicle Code 23152(a) VC – Driving under the influence of alcohol, and
• California Vehicle Code 23152(b) VC – Driving with a BAC of 0.08% or higher.

Summary probation lasts three to five years. As long as you abide by all the terms and conditions in your case, you should be able to remain out of custody (unless your specific county requires jail).

Probation becomes less likely in cases where it is your second or subsequent conviction for DUI.

Although probation is preferable to jail, it takes a tremendous amount of work and diligence. You need to keep track of court dates, due dates, and paperwork showing proof of enrollment and completion of DUI School, etc. One slip-up could trigger a probation revocation and getting remanded to jail.

In any case, your best chances of getting probation with minimum terms lies with having a skilled criminal defense attorney advocating for you. Always consult with legal counsel before pleading guilty to any charge.

Additional Resources

For more information, refer to the following:

1. Alcoholics Anonymous – 12-step program for overcoming alcoholism.
2. Drunk Driving Overview – NHTSA page on drunk driving statistics and prevention.
3. Impaired Driving: Get the Facts – CDC fact sheet on impaired driving.
4. Driving Under the Influence (DUI) – California DMV page on driver license suspension for DUIs.
5. MADD – Non-profit organization devoted to stopping drunk driving.

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