Violating The Terms Of Your DUI Probation

21 October 2021
 Categories: Law, Blog

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If you're facing DUI charges, the court may require you to complete a certain period on probation. If you breach any conditions of your probation, you should seek the services of a DUI attorney. Depending on your case, your lawyer may help reduce the punishment or even justify your reasons for violating your DUI probation. Here is some basic information on DUI probation.

What Are the Terms of a DUI Probation?   

If you're facing DUI charges and are on probation, you must abide by specific rules that the judge lays out as terms of probation. It's vital that you ask your lawyer to explain these terms to you so you don't violate them unknowingly. The terms of your DUI probation will vary based on the circumstances of your case. Typically, the conditions include requirements like:

  • Attending Alcoholics Anonymous (AA) meetings
  • Completing a substance abuse evaluation and treatment program
  • Taking random drug and alcohol tests
  • Abstaining from alcohol use
  • Using an ignition interlock device in your car

The judge might also ask you to undergo continuous drug and alcohol monitoring through methods like drug patches or SCRAM (Secure Continuous Remote Alcohol Monitoring) bracelets. The drug patch is used to determine whether you have used drugs during your probation period, whereas the SCRAM bracelet notifies the authorities when you consume alcohol.

What Happens If You Violate a DUI Probation?

If you violate the terms of probation after a DUI, law enforcement will arrest you. After you're arrested, you must attend a violation hearing. During the hearing, a prosecutor will provide evidence to show the nature of your violation.

Your DUI attorney will also present evidence to defend your violation. The judge will make a ruling on whether or not you violated the terms of your DUI probation. If the verdict goes in your favor, you'll remain on probation with the same terms as before.

However, if the judge rules that you violated the terms of your probation, they may reinstate your probationary sentence and retain the same terms, modify your probation with strict terms, or revoke your probation. If the court revokes your probation, the judge will order you to serve your underlying prison sentence.

In Conclusion

If you're facing DUI charges and your DUI lawyer manages to get you a probation ruling, violating the terms of probation could get you in trouble. Probation helps you walk away from your DUI with little or no jail time; therefore, you should ensure you adhere to the terms of your probation. If you're caught violating the terms of your probation, you're probably looking at jail time or strict punishment. Make sure you consult your DUI lawyer to ensure you get a better ruling.