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What Will Happen if I'm Arrested for DUI While on Probation?


We have represented people who were arrested for driving under the influence while they were on court-ordered probation. Probation is usually required as a criminal sentence, sometimes in lieu of a jail sentence. The terms of probation can include meeting with a probation officer, counseling (such as drug or alcohol counseling, community service, and ignition interlock device (IID) for DUI offenses.

Committing a crime while on probation can carry serious penalties, because one of the terms of your probation is that you do not commit any criminal offenses. If, while you are on DUI probation, you are arrested for another DUI, you face probation violation penalties, DUI penalties, and driving without a valid license penalties (because DUI offenders have suspended licenses).

Any probation violation requires that you appear before a judge. The judge will decide what happens next. Depending on your criminal history and the nature of your violation, the judge may:

  • Give you a warning
  • Enhance the terms of your probation
  • Enhance the length of your probation
  • Revoke your probation and issue a jail sentence

According to the California Vehicle Code, if you are on DUI probation (as opposed to probation for another criminal offense), you can face the following penalties –

  • 1 year's license suspension for a BAC of .01 percent or higher
  • 2 year's license suspension for refusing or failing a chemical test
  • 3 year's license revocation for refusing or failing a chemical test AND you have two or more prior DUI offenses

If you have been arrested for drunk or drugged driving while you were on probation, contact a Los Angeles DUI lawyer at Gold & Witham. Our firm provides free case evaluations to anyone facing a DUI related offense. Call us today to learn how we can help.