A DUI conviction typically includes probation, which is designed to deter repeat behavior and ensure that you stay out of other legal trouble. If you are arrested for a serious crime while on probation you can have your probation revoked. Your DUI probation conditions will depend on where you live, since DUI laws are different state-to-state. Here's a general overview of the most common probation conditions for a DUI sentence.
Some jurisdictions permit driving with restrictions on assigned routes, permitted hours, occupational duties and other similar controls. For some probationers, the license to drive is revoked and other transportation must be arranged. Because of federal law, commercial licenses can be revoked for five years, thereby putting a driver out of work.
About 36 states may place a bracelet device which monitors the blood alcohol content from the skin perspiration of a probationer. If you drink enough to trigger your bracelet, follow-up contact from your probation officer or similar authority will be imminent. If you were driving when the bracelet registered your BAC, the penalties will be extreme. You may also have to have a vehicle ignition interlock installed in your car, which requires a breath test to turn on the car.
Formal classroom attendance and varying degrees of personal and group counseling are almost always required for DUI probation. These conditions are typically imposed for periods of six months up to two years.
Almost all courts now impose some form of "unpredictable" testing (even for those fitted with monitoring devices, to make sure the bracelet has not been circumvented). Some states also require on-going contact with a probation officer who can monitor sobriety and conformity with the conditions of release.
Some courts set conditions that result in revoked probation if any traffic violations occur, or there is any type of criminal activity. If you violate probation, you can be prosecuted both for the new charge, as well as for violating probation on your previous conviction.
Courts frequently require probationers to pay additional fines and court costs (that may have been avoided by serving sentenced jail time), the fees for monitoring devices, the costs of sobriety testing and restitution for such things as vehicle towing, time spent in jail awaiting the first court appearance, police officer overtime to testify in court, etc. The financial burdens for DUI probationers are often hefty in order for an individual to stay out of jail.
Any probation that permits the ability to continue driving will result in court-imposed types of insurance that are part of an assigned risk pool that is very expensive.
DUI / DWI Attorney