DUI Collisions and Probation

Collisions and ProbationWhen a driver is convicted of a driving under the influence offense involving a collision, the Court and prosecutor may require additional terms of probation. This may include additional penalties or education programs as well as required restitution to cover any financial damages owed to the victim.

DUI Probation and Restitution

Most defendants who are convicted of a misdemeanor DUI offense involving a collision are placed on probation for a period of three to five years. At the time of sentencing, the judge will impose several terms and conditions of probation with which the defendant is expected to comply. Failure to comply with the terms of probation can result in a probation violation and additional penalties.

When a DUI driver is involved in a collision, the Court will require the defendant to pay restitution to any and all victims as a condition of probation. The defendant’s insurer may cover some or the entire restitution amount requested. The defendant is entitled to challenge the amount of restitution via a restitution hearing, in which the victim would be required to show bills or receipts for any damages incurred. The defendant may be required to pay the victim’s deductible or any out-of-pocket damages still owed, even if the victim settled with the defendant’s insurer for a lesser amount.

The defendant may stipulate to a restitution amount or the Judge may order the defendant to pay a specified amount of restitution to the victim. The defendant may pay restitution all at once or may make monthly payments to the victim until the full amount is paid off. The Court may order an ability to pay hearing in order to determine a reasonable monthly payment amount based on the defendant’s income and necessary expenditures.

If the defendant willfully fails to pay restitution, the Court can revoke probation and issue a probation violation. If the defendant failed to pay probation because he or she lacks finances, this would not be considered a willful failure to pay and the defendant would not be subject to additional penalties. The Court may extend probation to give the defendant extra time in order to pay restitution in full. If that does not work, the Court can convert any outstanding restitution to a civil judgement that could be enforced against the defendant’s assets and income.

Additional Probation Requirements

Given the grave danger that DUI driving poses, the Court and prosecutor may require additional penalties for DUI requirements who are involved in collisions. The Court may require the defendant to serve time in jail or to complete a specific number of community labor or community service hours. The Court may require a longer DUI alcohol education program or may require that the defendant attend AA or NA meetings. This is especially true for defendants who had high BACs.

There are other programs that the Court may require for defendants who were involved in DUI collisions. The Court may order the defendant to complete the Hospital and Morgue (“HAM) program as a condition of probation. This program takes participants to local emergency rooms and morgues in order to see the destruction caused by DUI offenders. In addition, the Court may require attendance of the MADD Victim Impact Panel (“VIP”). This is a program offered throughout the country in which the survivors or family members of victims speak about their devastating losses.

If you have been charged with a DUI incident involving a collision, it is imperative that you consult with an experienced DUI lawyer as soon as possible. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who works hard to ensure his clients’ rights are protected.

For more information about DUI collisions and probation, Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.