What happens if I violate the terms of my DUI probation?

Posted on February 7, 2022

One of the basic California DUI probation terms that gets imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. A person that violates this term may be found in violation of his/her probation and may have to serve a county jail sentence.

1. What are some standard probation terms in California DUI cases?

One popular probation term in California DUI cases is that the accused must not operate a vehicle with any alcohol in his/her system.

Another common term is that the defendant not drive without a valid driver’s license.

Note that 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.

2. What happens if a person violates a DUI probation term?

Many Californians disobey their DUI probation terms and continue to drink and drive while on probation and without a valid driver’s license.

If a driver violates his/her probation terms, a judge may:

1. ignore the violation,
2. impose stricter terms and conditions, or
3. revoke the probation and make the offender serve out any jail sentence suspended due to the probation.

Note that when the police, bailiffs, or anyone else in law enforcement suspect that a repeat DUI offender is violating their probation terms, 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.

Keep in mind that, 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.“

About the Author

Neil Shouse

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, 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.