Los Angeles DUI Probation

Los Angeles DUI Attorney

The concept for drink drivingOnce a person is convicted of driving under the influence, he or she is usually put on probation for a specified length of time. For a first time DUI offense, the probation term is generally three years. Those convicted of repeat DUI offenses can face longer probation terms that may be five years or longer. Probation is seen as an alternative to a straight jail sentence. While on probation, any violations can result in probation being revoked and the defendant’s jail sentence being executed.

While on probation, the sentencing judge will typically impose several terms and conditions that the defendant would be expected to follow in order to avoid jail time. The judge will typically prohibit the defendant from driving a motor vehicle with any measurable amount of alcohol in his or her system as well as driving without a valid license or insurance in the proper amounts. This means that a person on DUI probation can violate probation if caught driving with a blood alcohol content of 0.01 percent or higher. In these cases, an officer’s preliminary alcohol sensor (“PAS”) device can be used as evidence of the defendant’s BAC.

A judge can also prohibit the defendant from drinking alcohol or from going to bars or other places where alcohol is the chief item of sale. This can be difficult for defendants who work at bars or nightclubs or who are expected to entertain clients at these establishments.

In addition, the judge will require the defendant to complete a drug and alcohol education program. The length of the class will depend on the facts of the underlying offense. The alcohol education program required for a standard first time DUI offense is usually three months long. However, if the defendants blood alcohol level was excessively high, if there was a collision or there are other aggravating circumstances the defendant may be required to complete a six or nine month alcohol education program. If the defendant misses too many class sessions, he or she can be terminated from the program. When this happens the court would have to approve reenrollment. In addition, being terminated from a program or failing to complete the program in a timely fashion can result in a probation violation and potential jail time.

If there was a collision, the defendant will be ordered to pay restitution to the victim for any and all damages incurred as a condition of probation. The defendant would be entitled to a hearing to challenge the amount of restitution owed. Generally, if the defendant was insured, his or her insurer will cover the damages. However, there may be circumstances where the victim’s damages exceed the defendant’s insurance limits. In these cases, the defendant would be expected to pay out of pocket. The defendant would be allowed to make incremental payments to the victim. Failure to pay restitution can only be grounds for a probation violation where there was a willful failure to pay. The defendant cannot be jailed for failing to pay restitution due to a legitimate lack of funds. If the defendant fails to pay restitution during the term of probation, the probation term may be extended or the balance may be converted to a civil judgment.

There are several other conditions of probation that may be required. A judge may require that the defendant complete community labor or community service hours. For many young offenders, the judge may require that the defendant attend the Hospital and Morgue (“HAM”) program which shows the deadly results of impaired driving. Alternatively, the defendant may be required to attend a Victim Impact Panel sponsored by the MADD organization. Failure to complete any program in a timely fashion could lead to a probation violation being issued.

If you have been arrested for driving under the influence, it is absolutely critical that you discuss your case with a Los Angeles DUI Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Lawyer Michael Kraut is highly skilled at defending those who have been charged with DUI offenses. Mr. Kraut is highly respected throughout the court system as a strong advocate who fights hard on behalf of his clients.

For more information about DUI probation, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
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There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
Owen, Google User