Although no one plans for a DUI, some people may face another DUI while already on probation. For a typical misdemeanor DUI, probation can last from three to five years, during which strict rules apply. One of these rules is a complete ban on driving with any alcohol in your system—just one drink can put you at risk of violating probation. How much jail time for a DUI probation violation? A judge could give the highest possible sentence for your original charge: six months for a first-time DUI or up to a year for a second.
Standard Terms of DUI Probation Include:
- No driving with any alcohol in your system
- Driving only with a valid license
- Maintaining car insurance
- Paying a fine
- Completing an alcohol or drug education class
- Following all laws and court orders
Failing to meet these requirements could result in a judge finding you a probation violation and a court appearance to jail time.
If you initially avoided jail, violating probation could change that. For example, getting a new DUI or driving on a suspended license might land you in prison in both the new and original cases.
Under DUI probation, you cannot drive with any measurable alcohol level. Even a BAC of 0.02 (from one drink) could lead to arrest and jail time. If your BAC is 0.08 or higher, mandatory jail time applies, especially on a second DUI. For someone on probation facing a second DUI, the sentence could be up to a year and a half in jail.
You have the right to a hearing for “internal” violations, like not completing a required class. The judge has the final decision, although corrective action can often resolve the issue without jail time. For “external” violations, like a new DUI case, jail is more likely. Even if you are found not guilty in the latest case, probation could still be violated, as probation violations don’t require proof beyond a reasonable doubt.
A skilled attorney is crucial if you face a probation violation, especially with a new case. Navigating probation violations can be complex, and the proper legal guidance can help fix issues, complete required tasks, and get your case on track.
For more information about DUIs and DUI probation, please contact The Law Offices of Krum, Gergely, & Oates.
