What are the consequences of violating your DUI probation in California?
3 attorney answers
I agree that there is not enough information to answer this question. Generally speaking on a probation violation, the consequences can range from a slap on the wrist (for a first time or technical violation) up to incarceration (whether that is done by in-custody time or by work release or electronic monitoring is also potentially open for discussion). This depends on the type of violation, your criminal record (including previous probation violations), the judge and whether you have good things you can say about yourself since being put on probation. If you do not have money to hire a lawyer, the court will appoint the Public Defender and you can discuss all these issues with him/her.
You are only on probation if you plead guilty or were found guilty at trial. If you have bail still then the matter has not been resolved. Once you enter a plea then there is no more bail. bail is to insure you show up for court.
But the punishment for violationg DUI probation depends on the type of violation and your record. It can vary from no additional punishment to time in jail.
If you are asking what is the punishment for DUI then that varies a little also. If you cannot afford an attorney you will be appointed a public defender. They will discuss the plea agreement with you and lay out what the punishment is in your case. Just be sure to go to your court date and ask for a public defender.
1st time DUI = maximum 6 months jail. 2nd or 3rd time DUI = 1 year jail.
If the person has multiple DUI's then add up the exposure. For example if they are on probation for a 1st and 2nd DUI then the maximum is 18 months.
Practically speaking the court does not impose the maximums. Consequences are related to the reason for the violation. Not paying a fine for example would hardly warrant jail time - but if it is imposed a short sentence. If it is violated for another DUI or another crime - then the time would increase. Also some courts are more harsh on DUI's than others.
There are so many factors to consider when asking this type of question that a true dead on answer is impossible to give.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.