In California the minimum period for probation on a DUI offense is three years. However, the court has authority pursuant to Penal Code § 1203.3 to terminate probation at any time. In addition, when probation is terminated early or successfully completed, the probationer is entitled to withdraw the previously entered guilty or no contest plea and have the case dismissed pursuant to Penal Code § 1203.4. This process is commonly referred to as an expungement. The conviction still serves as a...
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Assuming the case you are on prob ation for is a misdemeanor, then you are facing a possible imposition of additional jail time for the violation of probation and the public intoxication charge. The maximum sentence on a second offense DUI is one year in county jail. You probably received a sentence initially of between 10 and 30 days. Therefore you can be sentence on a probation violation to recieve the balance of the year on the second offense case, plus additional time on the new charge....