Receiving probation as consequence for a DUI in Arizona instead of a jail sentencing is a seriously fortunate situation. Probation should be respected not only out of gratitude for the light reprimand but also because a DUI violation of probation can come with severe consequences.
Probation tends to include community service hours, scheduled court appearances and abstinence from illegal drugs and excessive alcohol. If you diligently follow all parameters set forth in your probation, everything will roll out smoothly and soon, your DUI will be little more than a memory.
What you need to know about violating DUI probation:
How is probation violated?
A probation violation can vary depending on the offender’s set probation restrictions.
Here are the most common types of DUI probation violations:
- Failure to appear at scheduled court meetings
- Neglecting to inform probation officer of whereabouts
- Traveling out of state without probation officer’s consent
- Arrest for additional crimes
- Possession of or intoxication by illegal substances
- Failure to pay fines and restitution
What happens after violation?
Again, the consequences can vary depending on the severity of the offense and the parameters that were set during probation sentencing.
Here are the most common outcomes for DUI probation violation:
A warning is the least likely consequence for violating probation, but if the offense is minor, you might receive only a warning that your next infraction will require a court appearance and ensuing consequences.
Petition for Arraignment and Probation Revocation
If a probation violation is severe, the handling officer can petition for probation to be revoked. In this case, the offender will receive a summons notice to appear in court, at which time a judge will determine the guilt and severity associated with the violation. In some cases, additional hearings might be scheduled and consequences can be applied to revoke probation, modify probation or continue (lengthen) probation.
This is the worst sequence for breaking probation. When probation is revoked, the offender is assigned a more severe consequence, generally imprisonment. The imprisonment sentence is based on concurrent probations, the severity of the violation(s), and previously corresponding prison sentences.
Although probation revocation is the most severe violation consequence, there is still a chance your attorney can appeal the ruling.
In some cases, the violation can lead to a modification. Modifications to probation might include adding conditions or extending the length of the probation period. In the most severe modification outcomes, offenders’ probation periods can be extended for up to five years. In cases of misdemeanors, the probation period generally extends for up to two years.
Continuance is another desirable outcome for probation violation offenders. In the case of continuance, the probation standards remain and the probation period is simply elongated to extend over a longer period of time. Continuance can happen more than once, but repeat violations more likely lead to the more severe consequences.
DUI probation violation consequences are serious and should be avoided by following all set rules and committing to sobriety during the probation sentencing. Of course, if probation is violated and consequences are delivered, lawyers can still help find the more desirable outcome to the situation.
If you have violated your probation and need help settling your situation, My DUI Solution is here for you with information and resources. We provide legal information that you may find useful as new court rulings are made.