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One of the basic California DUI probation terms that is imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. Another routine term that is imposed is that the defendant not drive without a valid driver’s license. Under California DUI law, California driver’s licenses are automatically suspended for a specific amount of time depending on whether it is a first, second or subsequent DUI conviction.
Yet many Californians’ disobey these DUI probation terms and continue to drink and drive while on probation and without a valid driver’s license. In fact, a good majority of these drivers are repeat DUI offenders, which means that they have been convicted of at least two DUIs.
When the police, bailiffs, or anyone else in law enforcement suspect that a repeat DUI offender is violating these terms and conditions, they will often follow or “stake out” a suspect to catch him/her in the act. This means that if you are on DUI probation in California, big brother may be watching. Armed with this knowledge, you may want to reconsider violating these types of probation terms so that you’re not making it easier for the cops to arrest and convict you. (Unlike criminal trials which have a “beyond a reasonable doubt” burden of proof, DUI probation violation hearings have a lower “preponderance of evidence” burden of proof. (Read our related article, “Preponderance of evidence v. Beyond a reasonable doubt in California law.“)
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
One of the basic California DUI probation terms that is imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. Another routine term that is imposed is that the defendant not drive without a valid driver’s license. Under California DUI law, California driver’s ...