Conditions of Probation for DUI

Upon conviction for a DUI in California, a defendant is placed on probation for a period of between three and five years. For a misdemeanor DUI, probation is normally informal or summary. This means that the defendant promises to abide by the conditions of probation without supervision from a probation officer. Some jurisdictions impose formal probation for misdemeanor DUI, but formal probation is more typical for felony convictions. Formal probation mandates supervision from a county probation officer.

Conditions of probation for a DUI conviction include a condition to violate no law and a condition that the defendant refrain from driving unless in possession of a valid license and valid insurance. Additionally, it is a condition not to drive with any measurable amount of alcohol or drugs in the defendants system. Even a .01% blood alcohol level could result in a violation of probation. Some judges also order a no drinking provision and a condition not to enter bars.

In addition, although field sobriety tests are normally considered voluntary, when on probation for a DUI, a defendant must submit to all field sobriety tests and blood or breath tests, including a preliminary alcohol screening device test when requested by a peace officer.

The executive terms of probation include completion of an alcohol education program, payment of a fine, and can include caltrans, community service or jail time depending on the facts of the case.

If you have been arrested for a DUI in Los Angeles or Orange County, please consult with experienced DUI lawyers, Gold & Witham for expert representation.


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