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 suspended penalties if you break any probation terms.
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.
-
Failure or refusal to pay court fines and court assessments 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, DUI school, 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
Violating DUI probation is a grave matter that may carry serious consequences. It usually results in a probation violation hearing, which can result in the extension of your original sentence or revocation of probation and the imposition of a jail sentence.
If you violated probation, your best course of action is to seek the help of an experienced attorney. A DUI defense attorney may be able to challenge evidence presented in your probation violation hearing and defend you from further prosecution.
The best way to ensure that your DUI case goes as smoothly as possible is to stay on top of any court-mandated appointments and comply with the conditions of your probation. This includes completing DUI school or classes, avoiding contact with law enforcement, and not consuming alcohol or drugs.
By doing this, you can ensure that your DUI case is resolved in the most favorable manner possible.
Consequences of a DUI Violation
Suppose you break any of the terms of your probation. In that case, 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:
- Revocation of your probation
- Jail or prison sentence
- Mandatory counseling
- Extension of the probation period
- Additional special conditions (such as random alcohol testing)
- Additional fines
- Additional community supervision
Being found in violation could result in a stern warning or, in some cases, revocation of your probation. If your probation is revoked, you may face the consequences such as additional jail time and/or increased fines.
It is important to note that judges have considerable discretion when it comes to punishing those who violate probation. This means the judge may impose harsher penalties than those listed above to ensure violators are held accountable for their actions.
If you have violated your probation, you must contact an experienced DUI attorney who can help you understand the extent of the circumstances and determine your best course of action. Your attorney may be able to negotiate with the prosecution to reduce your charges or penalties, which can result in a better outcome for you.
Can You Drink While on Probation for DUI?
It is standard practice that while on probation in Georgia, you are forbidden from drinking alcohol, including at home. As a result, drinking while on probation is considered a probation violation.
This is because 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.