DUI Probation Violations: What Happens When You Violate Probation

Explore DUI probation violations, their consequences, and legal options. Get expert advice on prevention, rights, and navigating the legal process.

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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 will likely be placed on probation for all or part of your sentence.

Probation usually has many special conditions, including what happens if you violate probation. For DUI probation violations, there are usually several punishments that will be imposed.

Since probation provides much more freedom than incarceration, it is always important to contact a DUI lawyer as soon as possible 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 suspended penalties if you break any 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, violated your probation, or 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.

  • 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:

  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. 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.

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 hiring an attorney who knows how to negotiate the best outcome for you in your probation violation case is crucial.

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 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.

2ND DUI Probation Violation

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

You are facing a revocation with likely jail time for your second DUI probation violation. 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 probation violation usually results in harsher penalties and jail time – but not always. Hiring a criminal lawyer for 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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