March 5, 2021

2nd DUI

A DUI probation violation in Orange County can land you in jail. Being put on probation can mean many things, but the worst is being taken back to court on charges of because of a technical violation, which can lead to imprisonment.

We can help you fight your DUI probation violation, and even help you get probation instead of imprisonment. I have spent over a decade defending people in and out of court. Call now to speak to an experienced lawyer for a FREE consultation at (714) 589-3063.

If convicted of the new charge, an individual can be sentenced to jail, and the original probation violation charge may be dropped or increased. The following are answers to some common questions about probation violations:

Orange County Bench Warrant
A Orange County Bench Warrant in will be issued if had a court date and did not show up to it.

Will I Go To Jail for My DUI Probation Violation?

A DUI probation violation in Orange County the Orange County Superior Court will result in potential jail time. Whether or not you get jail time will depend on the severity of the violation. For example, was it a new DUI or a scheduling conflict with registering for a class, or forgetting to fill out a form. There is a spectrum of violations and with it come punishments. In most cases on minor violations (being late for registering for the class or missing a deadline for showing up to collections to pay a fine), you can get reinstated for DUI probation without getting taken in.

How can I Avoid a DUI Probation Violation If I Can’t Make My Deadlines?

If you are proactive and take care of your probation promptly you may not even face a violation. For example, if you are almost done with your community service hours but foresee yourself needing more time then you can take steps to address this with the court. By doing this you are avoiding a violation. The penalties for these violations are very minor and will not put you anywhere near the maximum sentence and you will not need a lawyer.

What Happens if I Violate DUI Probation by Getting Another DUI?

For Violations that involve a misdemeanor 2nd or 3rd DUI charge in Orange County then you are looking at getting taken in or having bond posted for the new criminal offense. The conditions of probation will remain and you are to not drive without a valid license or any measurable blood alcohol in your system. In many instances, you will have to post bond on your DUI with a probation violation as you await your new case and probation violation hearing. In addition, when you are looking at a 2nd DUI in Orange County then you are also facing license suspension and substantial time in county jail.

How Much is a Bond on a Probation Violation for DUI?

Bond on a Probation violation for a DUI in Orange County is 15,000. However, if you have a 2nd DUI and you are also on probation then your bail can be the probation violation which is 15,000 plus the 2nd DUI bond which is 10,000 thus making the total 25,000. Most people will not have this kind of money laying around and will need the service of a bondsman to bail out if they violate probation with a new charge.

Where can I find a Bondsman for a DUI Probation Violation?

There are many bondsmen around and there are no shortages of them standing in front of the jail. There’s a high chance that if you are reading this article then you are not locked up and are probably looking for a loved one. As an attorney, I would advise going with one that works with an attorney as they tend not to have dubious practices. Dubious practices for a bondsman will include making a client rewrite a bond after it has been exonerated because the court did not file the case in time. A vetted bondsman will rewrite the bond as a complimentary service.

What Happens if You Violate DUI Probation Twice?

If you violate probation twice then the good news is that the is no automatic rule that you will go to jail. The court will look at it on a case-by-case basis. It is very factual, for example, the court will consider what the judicial officer at the last hearing said to you.
The severity of your DUI Probation Violation will depend on the type of violation. If the violations were a new criminal charge then it is a more serious violation of probation than failing to register class. A bench warrant may be issued for you and a court date will be assigned for your probation hearing. During the probation hearing, the bench officer will review what happened on your 1st violation. they will check if there were any notes left there by the judge who violated you the first time.

What Happens if you Violate DUI probation for the first time?

Again. It comes down to the severity of the violation. However, the good news is that not all violations are automatic jail for you. Automatic jail is the exception (usually reserved for back-to-back DUIs). In many cases, if the violation and the original crime have little to do with each other then the court may just reinstate your probation and put you back on.