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DUI Sentence modification to reduce probation time.

San Diego, CA |

Is it possible to modify my sentence of 5 years probation so I can enlist in the military? I plan on asking after all probation terms are completed, about a year into probation(i.e. classes, fines, community service, etc.). I am willing to spend time in jail to get off probation.

Attorney Answers 3


It is possible to petition the court for an early termination of probation. However, it is discretionary upon the judge whether to grant your request or not. Make sure to explain to the judge in your petition that you've completed all the terms of probation and that you need to be off probation in order to enlist in the military. My experience has varied greatly based on jurisdiction & judge. Some judges will instantly take you off probation if they know you're going into the military. Others will not reduce your probation no matter what. So, if it's within your means, hire an attorney who knows your jurisdiction and courthouse really well as they'l know a particular judge better & will know what it takes to get that judge to grant a petition for early termination of probation. Best of luck.

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I agree with Ms. Karina Jacobo in her discussion. From my experience, many judges are hesitant to terminate DUI probation early because they feel if a person convicted of a DUI is off of probation they can drink and drive as long as their BAC is below .08. However, I have seen judges terminate probation early in the event that an individual wants to enlist in the military.

Call some local attorney's and get their point of view about the judges in your area, as they will be able to tell you.

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It will be important for you to gather all the documents pertaining to your military enlistment and present them to the court in order for the court to even remotely consider terminating you from probation after one year. Your breath/blood alcohol content and underlying facts from the DUI conviction are also likely to play a big part.

-David P. Shapiro

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