Violating Probation for a DUI Conviction

Each Driving Under the Influence (DUI) charge comes with its own set of penalties. Most often you will be given a probation sentence. When you are on probation you will have a probation officer assigned to you. Probation means having a sentence outside of jail where you are supervised by a probation officer.1 Each probation sentence has certain conditions that must be followed.

Violating a probation sentence can only bring more serious consequences to you. These consequences, of course, depend on your individual situation and multiple factors such as the nature of your violation. You could be given a warning if this is your first time violating probation.2 Otherwise, your probation officer can file a Petition to Revoke Probation and there will be a warrant issued for your arrest.3 Once you are arrested, you will be held in custody where you cannot be released by money (or bond) until your probation violation proceeding is done.4 Probationary periods can last for a year or two; however, if you have made a gross DUI violation it could last for as many as six years.5

Probation Proceedings

Once a violation is reported, the court will likely move on to a probation revocation hearing.6 You will have to go through an arraignment and hearing if you cannot agree to a disposition. At the hearing, the prosecutor must prove you violated your probation sentence by a preponderance of the evidence.7 If you do not resolve the violation at the hearing, you could be assigned intensive probation.

If you are found to have violated your probation sentence, your sentence can be revoked and the judge can give you your original sentence plus more probation.8 You may appeal this decision.

Types of Probation Violations

Technical

These types of violations are common because they could be a failure to follow any technical requirement of your probation sentence, including completing urinalysis and counseling.9

Term One

These types of violations mean you committed another crime while on probation.10 In this case you could be charged with a new crime in addition to a probation violation, so it is important to contact an attorney to figure out your best defense to these new charges.11

[1] Robert Frank Schnatmeier, Understanding Probation Violations and REvocations in Georgia Court, research.lawyers.com (July 9, 2010), http://research.lawyers.com/blogs/archives/7088-understanding-probation-violations-and-revocations-in-georgia-courts.html.

2 Probation Violations: What To Expect, hg.org, http://www.hg.org/article.asp?id=25134 (last visited Nov. 3, 2014).

3 Probation Violations, azcrimelawyer.com, https://azcrimelawyer.com/probation-violations/ (last visited Nov. 3, 2014).

4 Probation Violations, supra note 2.

5 Max Allen Keller, What Happens If I Get a DWI Probation Violation?, avvo.com, http://www.avvo.com/legal-guides/ugc/what-happens-if-i-get-a-dwi-probation-violation (last updated 2012).

6 Rich Stim, What Happens If I Violate My Probation For a DUI Conviction?, dui.drivinglaws.org, http://dui.drivinglaws.org/dui-probation-violation.htm (last visited Nov. 3, 2014).

7 Criminal Law: Sentencing, Parole, & Probation FAQs, criminal.lawyers.com, http://criminal.lawyers.com/parole-probation/criminal-law-sentencing-parole-and-probation-faq.html#2 (last visited Nov. 3, 2014).

8 Id.

9 Probation Violations, supra note 2.

10 Id.

11 See Probation Violations, dmcantor.com, http://dmcantor.com/probation-sentence-modification/probation-violations/ (last visited Nov. 3, 2014).