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DUI Probation Violations:
What Happens When You Violate Probation

You may have heard many things about the law and what it is like to violate probation. You can find out the truth about these rumors by reading this today.

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Overview of DUI Probabtion

A probationary period allows individuals to avoid incarceration following a criminal conviction by suspending a jail sentence.

If you get a DUI conviction in Georgia, you more than likely will be placed on probation for all or part of your sentence.

Probation usually comes with a wide range of special conditions that include what happens if you violate probation. For DUI probation violations, there are usually several punishments that will be imposed.

Given that probation provides a lot more freedom than incarceration, it is always important to contact a DUI lawyer as soon as you can when you are charged with a DUI or violation of probation.

What Is DUI Probation?

An offender on DUI probation is usually granted probation by a judge rather than jail time. Under probationary terms, jail terms or other penalties are typically suspended in exchange for following certain requirements under the supervision of a probation officer.

For a person facing a jail term for a DUI or DWI conviction, probation is a chance to stay out of jail. However, it is important to note that probation only remains valid if you adhere to the terms of your probation.

Judges may revoke probation and impose harsh penalties, including reinstating any suspended penalties if you break any of the probation terms.

How Long Is Probation for DUI?

In Georgia, the minimum probation sentence for a DUI offense is 12 months, not necessarily counting any days you may have served when you were initially arrested.

However, the maximum sentence allowed as probation for a first offense may vary. You may get longer sentences of more than 12 months if you received other citations, violate your probation, or if you have previous violations.


Violating Probation With a DUI

If you have had DUI charges brought against you and are fortunate enough to be granted probation, you will be expected to adhere to the terms set out in the conditions of your probation.

Some of the most common probation violations include:

  • Drinking alcohol or using illegal drugs

  • New criminal charges or citations

  • Failing to show up for mandated court appearances.

  • Not paying court fines by set deadlines.

  • Failure to complete conditions such as failure to enroll in a court-ordered DUI program, including a deterrent program, drug or alcohol treatment, community service, or other special conditions.

  • Failure to comply with other terms of the probation, such as wearing a SCRAM bracelet and installing an ignition interlock device on your vehicle


DUI Probation Violation Consequences

If you break any of the terms of your probation, you will be charged with violation of probation, and a judge can revoke probation and reinstate your original jail sentence and other penalties that had been suspended.

The penalties for the violation of probation vary depending on the type of violation. Some of the most common penalties include the following:

  1. Revocation of your probation
  2. Jail or prison sentence
  3. Mandatory counseling
  4. Extension of the probation period
  5. Additional special conditions (such as random alcohol testing)
  6. Additional fines
  7. Additional community supervision

Being found in violation could result in a stern warning or, in some cases, revocation of your probation. Contact a criminal defense attorney for a free legal consultation.


How Much Jail Time for DUI Probation Violation?

Probation violations for new offenses are usually deemed the most serious and could result in a revocation that includes jail time.  Every case is different, and every revocation is different. That’s why it is crucial to hire an attorney who knows how to negotiate the best outcome for you in your probation violation case.

Chehimi Law has been representing clients against some of the toughest DUI prosecutors in the state and has often achieved favorable results for them. With years of experience and knowledge, our Roswell DUI lawyer is always ready to help clients with advice and representation.

Can You Drink While on Probation for DUI?

It is very standard practice that while on probation in Georgia you are forbidden from drinking alcohol, including when you are at home. As a result, drinking while on probation is considered a probation violation.

The reason for this is that probation is about restricting habits or behavior that could land you back in legal trouble. Consequently, most DUI courts in Georgia forbid probationers from consuming alcohol.

Additionally, probation officers usually send text messages requesting random alcohol and drug screenings to probationers.

2ND DUI Probation Violation

With good legal representation, a first violation of probation may only result in a stern warning from the court, but in subsequent offenses, the judge will likely not be so lenient.

For your second DUI probation violation, you are facing a revocation with likely jail time. How much jail time will depend on what mitigating factors your DUI lawyer can present to the court.  

You should note that your probation officer has the power to request a bench warrant if they believe that you are violating the terms of your probation.

DUI Probation Violation Lawyer at Chehimi Law

A violation of probation usually results in harsher penalties and jail time – but not always. Hiring a criminal lawyer if you are facing DUI or probation violation charges is vital.

At Chehimi Law, we understand that every client is unique. Our goal is to help you present evidence in a way that usually results in a favorable outcome. Schedule a free consultation with an Atlanta DUI lawyer today.


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