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Is a violation of my DUI probation the same as a second DUI ? what are the differences if any ?

Cotati, CA |
Attorney answers 5


Hard to know what you mean with no details. If you were cited for another DUI and you were on probation, then yes. It is also a violation of probation, potentially. I general probation violation is not a 2d DUI unless you had alcohol or drugs in your system and were cited for it.

Matthew Murillo,
Attorney at Law

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


A violation may be based on a new case, but it is not necessarily a new case. A violation can result in jail, fines, other terms of probation, etc. You need to consult with counsel immediately.


There are many things that you can do/no do in order to violate your 1st offense DUI probation... classes, jail, fine, new offense, drive with measurable alcohol, drive suspended.

There is only one thing that you do to have a 2nd DUI and I expect that you know what that is. Maybe as you've already been told... you might want to reword your question.


You need to fight the DMV in an Admin Per Se Hearing. You also need to fight the criminal court charges.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


There is no information as to why you think you will lose your license. What happened? Feel free to phone me or do phone another lawyer and get advice. If you violate probabtion (usually a probation order says "Obey all laws") and you even roll over a stop sign then the old sentence can be brought back to the judge and adjusted as per judges wishes... Not good !!!.. good luck, Michael Shambrook 707-529-5219

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