DUI Probation Violations

California DUI Probation Violations

In most California DUI convictions under California Vehicle Code 23152(a), and California Vehicle Code 23152(b), criminal defendants are sentenced to probation. California DUI probation allows defendants to avoid maximum punishment if they successfully abide by, and complete specific terms, as dictated by the court during sentencing. Failure to comply with any court order will typically result in a probation violation.

The terms of a California DUI sentence will vary depending on a wide variety of factors: the court, the judge, the level of intoxication, the age of the defendant, and the driving conduct, whether the person has prior DUIs or other offenses, and among others. Typically, people are placed on probation for a period of three to five years and are expected to complete a drunk driving program(s), pay court fines and fees, not commit any criminal offenses, and not to drive with any measurable amount of alcohol in their system. This is not an exhaustive list and can vary from court to court depending on the particular circumstances.

Regardless of what probation terms are imposed during sentencing, a California DUI defendant is required to pay large fines, show of proof of enrollment and/or completion in the various probationary programs imposed by sentence. The particulars vary from court to court but typically a DUI defendant must keep a number of due dates in mind when sorting out the details of his or her sentence.

Generally, a probation violation will occur whenever a California DUI defendant fails to comply with a court-ordered activity. In such a situation, the judge will likely issue a bench warrant for the individual's arrest. Once arrested, that person will have to appear before the judge and face sanctions. Often times a Los Angeles DUI probation violation will occur when a person is caught driving on a suspended license as a result of their DUI conviction.

DUI probation violation

Additionally, probation violations can occur when someone is charged with a new offense, or is caught driving with any measurable amount of alcohol in their system (even if their blood alcohol content is under .08, the legal limit for DUI). Common offenses that trigger probation violations are driving without a valid driver's license or without valid automobile insurance.

If you have been charged with violating the terms of your California DUI probation, it is imperative that you have a skilled California DUI defense attorney handling your case immediately. Judges do not take probation violations lightly and are apt to assess serious sanctions, including jail time. Many times, the violation was triggered by a misunderstanding occurring when certain due dates are missed. The DUI defendant may have complied with their class, but can still be violated nonetheless if they forgot to show proof of enrollment or proof of completion. In these instances, the violation may be cleared up. If the violation is for a new offense, a skilled DUI attorney can handle both allegations simultaneously and fight on their client's behalf to minimize any court sanction.

Los Angeles DUI Attorney Michael Kraut is a former deputy district attorney who has handled probation violations from both the defense and prosecutorial positions. He is adept at handling post conviction matters and vigorously defends his clients who have been accused of violating their DUI probations.

For more information about DUI probation violations, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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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
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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.