California DUI Probation

Most people convicted of a California DUI are granted probation. DUI probation allows you to avoid incarceration if you agree to abide by certain conditions and fulfill specific requirements.

Failure to comply with these terms and conditions may result in a DUI probation violation (otherwise known as a p.v.). If you get charged with a p.v., the judge may revoke your probation and sentence you to jail or prison, depending on whether your underlying charge was a misdemeanor or a felony.

In this article, our Los Angeles DUI attorneys will provide a comprehensive guide to understanding the terms that are imposed in connection with probation in California DUI cases. Topics that are addressed include:

General DUI Probation Conditions

California's Zero Tolerance Law

Ignition Interlock Devices (IIDs)

Driving While on Probation

Alternative Sentencing

Drunk Driving Programs (DUI School, AA, MADD's VIP, & HAM)

Compliance with Probation Terms

If, after reading this article, you have additional questions, we invite you to contact us. You may also find helpful information in our articles on California DUI penalties and DUI plea bargaining.

California DUI Probation Conditions

California imposes certain conditions in connection with every DUI probationary sentence. Some conditions are contingent on whether you are suffering your first, second, third, or subsequent DUI conviction...others get imposed regardless of how many prior DUIs you have.

The following conditions demonstrate the range of penalties that the court will impose with your DUI probation sentence. The precise terms will depend on whether you are a convicted as a first-time or repeat offender.¹

• Pay a base fine of $390-$1,000. Depending on the county in which you are convicted, your fine will typically double or triple after penalties and court assessments get added in.



• Incur a driver's license suspension of six months to four years. You may be eligible to have your suspension converted into a restricted license. A restricted license allows you to drive to and from (1) school, (2) work, (3) DUI school, or (4) any other court-approved location, unless the judge believes that you pose a "traffic safety or public safety risk".



• Complete a twelve-hour to thirty-month alcohol program (otherwise known as DUI school).



• Spend a set number if days in a county jail.

General probationary terms

There are also probation conditions that are imposed regardless of whether it's your first or subsequent conviction. These include²:

• Three to five years of informal probation (you don't report to a probation officer when you're on informal or "summary" probation).



• A requirement that you do not commit any additional criminal offenses while on probation (traffic infractions are not "criminal" offenses).



• A requirement that, if you are arrested on suspicion of drunk driving, you must submit to a chemical test to determine your blood alcohol concentration (BAC). These tests include a preliminary alcohol screening (PAS) test, or any other blood, breath, or urine test.³



• A requirement that you do not drive with any measurable amount of alcohol (also known as "zero tolerance").

California's Zero Tolerance Laws

As stated above, California Vehicle Code 23600 VC prohibits driving with any measurable amount of alcohol in your system if you are on probation for DUI. This is referred to as a "zero tolerance" law.

This past January, the California legislature passed a new zero tolerance law that will affect you if you are on probation for driving under the influence.

Prior to January 2009, if you were caught violating this law (or refused to submit to a chemical test while on probation) and had a BAC of 0.04% or greater, the judge would revoke your probation unless you spent at least 48 hours in the county jail.⁴

Now if you are caught violating this law, the DMV automatically suspends your driver's license for one year.⁵ If you are arrested for this offense, it is critical that you request a DMV hearing within ten (10) days to contest that suspension.

California Ignition Interlock Devices (IIDs)

Ignition interlock devices (IIDs) are devices that, when installed in your car, only allow your car to start if you provide an alcohol-free sample. The judge typically orders its installation -- at your expense -- as a condition of DUI probation if

• you have a particularly high BAC, or



• you get convicted of a second or subsequent DUI.

Two laws regarding IIDs changed in 2009.

Prior to January, if you were convicted of a first-time DUI and had a BAC of 0.20% or greater, the judge would give "heightened" consideration as to whether you should have an IID installed as part of your probation.

Since January, that consideration is now given if your BAC is 0.15% or greater.⁶

And since July 2009, the California DMV will automatically order you to install an IID for a period of one to three years if you are caught driving while your license is suspended because of a DUI.⁷

Prior to July, IIDs were regulated by the court where the judge ultimately had a certain amount of discretion as to whether to impose this condition.

Driving While on Probation

As stated above, one of the automatic terms the judge will impose in connection with any DUI is that you refrain from committing any additional criminal offenses while on probation.

• Driving without a license, and



• driving without valid auto insurance

are both considered criminal offenses and are therefore included in this condition.

If, while on probation for a California DUI, you drive without a license, on a suspended license, and/or without proof of insurance, you will likely be charged with a probation violation...as well as a separate new offense.

California Vehicle Code 14601.2 VC penalizes driving while your license is suspended due to a prior DUI. This offense will likely be charged in addition to your probation violation and carries a mandatory jail sentence and heavy fines. Both these penalties increase with each subsequent conviction, as a 14601.2 is what's known as a "priorable" offense.

Alternative Sentencing

There are a variety of probation conditions that may be imposed in lieu of jail or prison. These are typically referred to as "alternative sentencing" options. Some of the most popular alternative sentencing options that a judge will impose if you are placed on DUI probation include:

• Cal-Trans roadside work



• community service



• house arrest / electronic monitoring, possibly with the SCRAM device (SCRAM stands for Secure Continuous Remote Alcohol Monitor and is a tamper-resistant bracelet that you wear around your ankle which tests for alcohol. It is typically only issued in cases involving multiple DUIs and/or addictions to alcohol)



• restitution to anyone who suffered injury / damages in connection with your DUI, and/or



• alcohol related classes.

California Drunk Driving Programs (DUI School, AA, MADD's VIP, & HAM)

Many times, the judge and/or prosecutor will require you to attend special alcohol-related classes when you are placed on DUI probation. Some of these classes are required by law (DUI school, for example)...some are to help with a perceived addiction (AA)...and others are designed to act as a deterrent to prevent subsequent DUIs (MADD's VIP and Los Angeles's HAM programs, for example).

• DUI School

Depending on whether you are being convicted of your first or a subsequent DUI, the court will require you to attend one of five court-approved alcohol programs. These classes are designed to teach students about the dangers of drinking and driving and include:

1. A twelve-hour program (imposed in connection with a first-offense "wet reckless" conviction).



2. A three-month program (commonly referred to as the AB541 program). The judge will sentence you to this class for a "standard" first-time offense.



3. A nine-month program. The judge will order this class if your BAC is particularly high on a first offense. However, new 2009 legislation also requires that you attend this class if you are convicted of a "wet reckless" and have a prior "wet" or DUI conviction within a ten-year period.⁸



4. An 18-month program (commonly referred to as the SB38 program). The judge will impose this class for a "standard" second DUI.



5. A 30-month program (currently only offered in Los Angeles and Stanislaus Counties). The judge orders this program if your BAC is particularly high in connection with a second DUI or if you are convicted of your third DUI and already completed the 18-month program.

While enrolled in any of these programs, you must refrain from using alcohol and/or drugs. If a program leader suspects that you are "under the influence", you face expulsion from the program and, as a result, a probation violation.

• Alcoholics Anonymous

Despite the fact that you may not be an "alcoholic", prosecutors and/or judges will often require you to attend a specified number of "AA" meetings once or twice a week. The court gives you an attendance verification form, and you must have the meeting direct "sign off" with each session you attend.

• Mothers Against Drunk Driving (MADD) -- Victim Impact Panel (VIP)

The MADD VIP program is a "scare tactic" that may be imposed as a DUI probation condition. Depending on the county in which you get convicted, the court may require you to attend this program as a first-time offender. Other counties may impose it as a discretionary condition.

California's MADD VIP program lasts about two and one-half hours. If sentenced to this panel, you will listen to at least one person whose life has been affected by drunk-driving and possibly watch a video presentation. Slide shows are also common.

Depending on the county, you may also hear from a police officer and/or a DUI offender.

• Hospital and Morgue (HAM) Program

Los Angeles County sometimes refers its first-time DUI offenders to the HAM program. While L.A. is the only county to run such a program out of the coroner's office, other counties (like Orange County) run similar volunteer programs, usually targeting at younger drivers (although anyone may be referred).

The HAM program consists of a four-hour visit to the hospital (usually an emergency room) and a four-hour visit to the morgue. The goal is to prevent you from drinking and driving once you see first-hand the injuries that can result.

Obviously not all of the people who are brought into the E.R. or morgue will be victims of DUI, but some will. You will attend a power-point presentation and tour both locations. On your tour, you will observe the bodies being processed (photographed, fingerprinted, and undressed) and autopsied. Some courts may additionally require you to write a 1,000 word essay about your experience.

Compliance with DUI Probation Terms

Regardless of which DUI probation terms the judge imposes, you are under the obligation to provide proof of enrollment in any and all classes, community service, Cal-Trans, etc. You similarly must provide proof that you completed all of the terms of your probation.

That said, it isn't necessary for you to appear in court to show that you haven't broken any laws or that you are driving on a valid license. Providing "proof of completion" means that you have completed classes, paid your fines and/or restitution, and have otherwise complied with the "active" terms the judge imposed.

If you...

• fail to show proof of enrollment,



• fail to show proof of completion,



• fail to attend your court-ordered alcohol programs, community service or labor,



• fail to pay your fines,



• fail to pay your restitution, and/or



• fail to appear for any of your post-conviction appearances

the judge will likely issue a bench warrant for your arrest.⁹ A bench warrant authorizes law enforcement to locate, arrest, and bring you before the issuing judge. In addition, once you appear before the court, the judge will likely sentence you for a probation violation for disobeying a court order.

If you have questions about DUI probation or would like to confidentially discuss your case with a California DUI defense attorney, please don't hesitate to contact us. We have local criminal law offices in the San Francisco Bay area, Ventura, Los Angeles, Orange County, San Bernardino, Riverside, and all surrounding areas.

Legal References:

¹The listed terms are taken from California Vehicle Code sections 23538, 23542, 23548, and 23552, depending on whether the conditions are imposed in connection with a first, second, third, or subsequent offense, respectively.

²The listed conditions are taken from California Vehicle Code section 23600 VC -- Conviction and pronouncement of sentence for violations of § 23152 or § 23153; probation; minimum confinement or fine; violation of probation. ("(a) If any person is convicted of a violation of [California Vehicle Code] Section 23152 or 23153, the court shall not stay or suspend pronouncement of sentencing, and shall pronounce sentence in conjunction with the conviction in a reasonable time, including time for receipt of any presentence investigation report ordered pursuant to Section 23655.

(b) If any person is convicted of a violation of Section 23152 or 23153 and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following:

(1) Notwithstanding Section 1203a of the [California] Penal Code, a period of probation not less than three nor more than five years; provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced.

(2) A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood.

(3) A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood.

(4) A requirement that the person shall not commit any criminal offense.

(c) The court shall not absolve a person who is convicted of a violation of Section 23152 or 23153 from the obligation of spending the minimum time in confinement, if any, or of paying the minimum fine imposed by law.

(d) In addition to any other provision of law, if any person violates paragraph (2) or (3) of subdivision (b) and the person had a blood alcohol concentration of over 0.04 percent as determined by a chemical test, the court shall revoke or terminate the person's probation as provided by Section 23602, regardless of any other proceeding, and shall only grant a new term of probation of not more than five years on the added condition that the person be confined in the county jail for not less than 48 hours for each of these violations of probation, except in unusual cases where the interests of justice would best be served if this additional condition were not imposed.")

³California Vehicle Code section 23154 VC -- Persons on probation for driving under the influence; operation of motor vehicle with blood-alcohol percentage of .01 percent or greater prohibited; use of preliminary alcohol screening test. ("(c)(1) A person who is on probation for a violation of [California Vehicle Code] Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).")

⁴See California Vehicle Code 23600, endnote 2 above. ("(d) In addition to any other provision of law, if any person violates paragraph (2) or (3) of subdivision (b) and the person had a blood alcohol concentration of over 0.04 percent as determined by a chemical test, the court shall revoke or terminate the person's probation as provided by [California Vehicle Code] Section 23602, regardless of any other proceeding, and shall only grant a new term of probation of not more than five years on the added condition that the person be confined in the county jail for not less than 48 hours for each of these violations of probation, except in unusual cases where the interests of justice would best be served if this additional condition were not imposed.")

⁵See California Vehicle Code 23154 -- Persons on probation for driving under the influence; operation of motor vehicle with blood-alcohol percentage of .01 percent or greater prohibited; use of preliminary alcohol screening test. ("(a) It is unlawful for a person who is on probation for a violation of [California Vehicle Code] Section 23152 or 23153 to operate a motor vehicle at any time with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(b) A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of Section 23152 or 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.

(c)(1) A person who is on probation for a violation of Section 23152 or 23153 who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test or other chemical test for the purpose of determining the presence of alcohol in the person, if lawfully detained for an alleged violation of subdivision (a).

(2) The testing shall be incidental to a lawful detention and administered at the direction of a peace officer having reasonable cause to believe the person is driving a motor vehicle in violation of subdivision (a).

(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test or other chemical test as requested will result in the suspension or revocation of the person's privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.")

See also California Vehicle Code 13389 -- Persons previously convicted of driving under the influence; lawful detention during probation; preliminary alcohol screening test; suspension of driving privileges. ("(a) If a peace officer lawfully detains a person previously convicted of Section 23152 or 23153 who is driving a motor vehicle, while the person is on probation for a violation of Section 23152 or 23153, and the officer has reasonable cause to believe that the person is in violation of Section 23154, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, if a preliminary alcohol screening test device is immediately available. If a preliminary alcohol screening test device is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612. (b) If the person refuses to take, or fails to complete, the preliminary alcohol screening test or refuses to take or fails to complete a chemical test if a preliminary alcohol device is not immediately available, or if the person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, the officer shall proceed as follows:

(1) The officer, acting on behalf of the department, shall serve the person with a notice of an order of suspension of the person's driving privilege. (2)(A) The officer shall take possession of any driver's license issued by this state that is held by the person. When the officer takes possession of a valid driver's license, the officer shall issue, on behalf of the department, a temporary driver's license. (B) The temporary driver's license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first. (3)(A) The officer shall immediately forward a copy of the completed notice of order of suspension form, and any driver's license taken into possession under paragraph (2), with the report required by Section 13380, to the department. (B) For the purposes of subparagraph (A), "immediately" means on or before the end of the fifth ordinary business day after the notice of order of suspension was served. (c) For the purposes of this section, a preliminary alcohol screening test device is an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.")

See also California DMV website - ("A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver's license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.")

⁶California Vehicle Code 23575 -- Court-mandated use of ignition interlock device. ("(a)(1) In addition to any other provisions of law, the court may require that a person convicted of a first offense violation of [California Vehicle Code] Section 23152 or 23153 install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.15 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction.")

⁷California Vehicle Code 23573 -- Violations necessitating ignition interlock device; installation and maintenance; license restriction; exemptions; failure to comply. ("(j) In addition to all other requirements of this code, a person convicted of any of the following violations shall be punished as follows:

(1) Upon a conviction of a violation of [California Vehicle Code] Section 14601.2, 14601.4, or 14601.5 subsequent to one prior conviction of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of one year. (2) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to two prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or one prior conviction of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of two years. (3) Upon a conviction of a violation of Section 14601.2, 14601.4, or 14601.5 subsequent to three or more prior convictions of a violation of Section 23103.5, 23152, or 23153, within a 10-year period, or two or more prior convictions of Section 14601.2, 14601.4, or 14601.5, within a 10-year period, the person shall immediately install a certified ignition interlock device, pursuant to this section, in all vehicles owned or operated by that person for a term of three years.")

⁸California Vehicle Code 23103.5 -- Acceptance of guilty or nolo contendere plea to violation of § 23103 in place of charge for violation of § 23152; statement by prosecution; duty of court; violations; effect. ("(f)(1) If the court places on probation a defendant convicted of a violation of Section 23103 that is required under this section to be a prior offense for purposes of Section 23540, 23546, 23550, 23560, 23566, or 23622, and that offense occurred within 10 years of a separate conviction of a violation of Section 23103, as specified in this section, or within 10 years of a conviction of a violation of Section 23152 or 23153, the court shall order the defendant to participate for nine months or longer, as ordered by the court, in a program licensed under Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions. (2) The court shall revoke the person's probation, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in paragraph (1).")

⁹California Penal Code 978.5 -- Bench warrant of arrest; issuance; service. ("(a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to, the following situations: (1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place. (2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place. (3) If the defendant is released from custody on his own recognizance and promises to personally appear in court at a specific time and place. (4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place. (5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place. (6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment. (b) The bench warrant may be served in any county in the same manner as a warrant of arrest.")

Join us to discuss your DUI case at any of our
local offices: You can also contact us 24/7 at
888.327.4652 for a free consultation