May 17, 2021

Shows the agreement for a typical dui prbation in california.

One of the most common questions I get in my practice is, “what is DUI probation in California”? Briefly, probation means the court retains its sentencing power over you as it gives you a lighter sentence. However, if you mess up or get another violation after your conviction, this results in a violation in terms of probation and the court can bring you back and sentence you up to the maximum on your DUI case. 

2nd DUI
Probation violations happen when a person picks up a new charge while on probation. If this happens, then the old case gets opened up.

This article will explain what is expected of you after a conviction and placed on DUI Probation in California. 

What is DUI Probation in Califonia? 

DUI probation in California means the court will go easy on you for your driving under the influence of alcohol conviction. There will be terms or a list of things you need to do. This is also known as terms of probation. If you fall out of these terms, then you will be facing a probation violation.

If you violate these terms, then the courts have the right to sentence you to the maximum sentence. There are several ways you can violate probation. Some of these ways include getting a new misdemeanor charge, another DUI, or not registering for classes in time.  Some of the most common ways people violate are driving a motor vehicle when they still have a license suspension, resulting in a  new charge of driving on a DUI suspended license, missing the deadline for finishing community service, or getting caught with drugs.  

Example #1: (no iid or getting caught driving around drinking establishments) if you get a conviction for a first DUI in Orange County, the most you can get sentenced to is six months in jail and $1000.00 in fines plus penalty and assessments. However, the judge will not give you this sentence and will instead put you on informal probation. You may get no jail time and a minimum fine of 390.00 plus penalty and assessments. Still, if you break the rules of DUI probation by driving outside the scope of your restricted license, then you risk getting a termination of probation in California then. They can bring you back and sentence you to one year and fine you the maximum. 

Example #2: (caught failure to enroll in class)If you get convicted of a 2nd DUI in Orange County, your maximum sentence is one year in jail and a $1000.00 fine. However, the court may put you on 90 days of house arrest or  (Secured Electronic Confinement) instead. However, if you violate the terms of your DUI probation (failure to enroll in class), you can be pulled back into court and sentenced to the maximum in jail. 

Practically speaking, this violation of probation is not as serious, and the penalties are not as grave. It is treated differently than other violations where a new charge is involved. The penalties are lower than getting another DUI. 

What is informal probation DUI probation in California?

There are two types of probation in California once you get convicted of a DUI in California. The first is formal probation, where you get a probation officer, and the second is called informal probation. Informal probation is also called court probation, and the terms are used interchangeably.

6 things that are expected of you While on DUI Probation in California?

DUI probation in California means you must follow certain rules. These rules are also knowns are rules of DUI probation or DUI probation terms. They are conditions you must obey to stay out of jail. Many counties will have slight variations, but most DUI probations in California have the conditions.

The most common conditions you must abide by are when you are on DUI Prbation in California are listed Below.

  • Do not drink and drive with any measurable amount of alcohol in your system. This is also known as Zero Tolerance when driving
  • Submit to a chemical test of an officer upon request. 
  • Drive with a valid license in your possession
  • Don’t drive without a valid license
  • Always use true name and birth.  
  • Obey the terms of your alcohol class  (this one results in them


What to do after DUI probation is over?

After DUI probation in California, you will have the option to expunge your case.

How long Does DUI Probation in California Last?

DUI probation in California lasts for three years. Unless you were in violation. If you were in violation then probation can be extended.

What happens if I get kicked out of DUI class while on Probation?

If you get kicked out of class while on DUI probation in California, this can trigger a violation. However, the violation is very technical, and usually, you can get reinstated. The time that you were in violation will not count towards probation. For example, if you were kicked out and did nothing for 2 weeks then your probation will be extended for 2 weeks. Likewise if you did nothing for a year then probation will extend for a year.

Will a traffic ticket count violate my DUI Probation?

A moving violation for a traffic ticket will not trigger a probation violation. Only misdemeanors and being outside the agreement of your probation will trigger a violation.

What happens if I get another DUI while out on probation for the first DUI

Getting another DUI while on DUI probation in California will cause a violation. In addition, you will also be looking at $15,000 bail, and possibly $10,000 for the second offense.

There are advantages to being on DUI probation in California. These will include not having to go to jail for your offense. However, they will have strings. Some of these strings are not apparent and obvious, and often, people will violate probation without even knowing it. If you find yourself in that situation, our office provides services for DUI probation violation in California. 

If you happen to be on DUI probation in Orange County and forsee yourself getting a vioaltion then you should reach out to a probation violation attorney in Orange County.