Violating DUI probation can undo the deal you originally got. Depending on what happened, a judge can add jail time, extend your probation, tack on new fines or conditions, or in serious cases revoke probation entirely and impose the sentence that was hanging over you.
Violations come in a few flavors. A new offense, especially a new DUI, is the most serious, because now you are facing both the fresh charge and the violation. Other common ones include failing to complete DUI school, missing court-ordered payments, not installing a required ignition interlock device, or driving with any measurable alcohol when your probation terms forbid it. Missing a required court date can also trigger a bench warrant.
Here is the part worth knowing. A probation violation hearing is not the same as your original case, and the standard of proof is lower than a criminal trial. But that does not mean you are without a defense. Your lawyer can contest whether a violation really happened, explain the circumstances, and argue for the least severe response, such as reinstating probation instead of jail.
The worst move is to ignore it. If there is a warrant or a missed condition, dealing with it early, with a lawyer, almost always goes better than waiting to get picked up.
Joe Crudo handles probation violation hearings and works to keep the fallout small. Learn about DUI probation terms.
This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.