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What does San Diego DUI probation really mean and what does it consist of?

On Behalf of | Feb 10, 2014 | Firm News |

A common question I get from my clients is, “what does it mean to be on probation”?  It is fair because the first image is a person going to meet a probation officer for periodic check ins.  If someone is on San Diego DUI summary probation for a misdemeanor you can know this is not the case.  So, what does standard San Diego DUI probation consists of? Here’s a general overview of the most common probation conditions for a San Diego DUI sentence. I hope this helps.

A San Diego DUI conviction typically includes probation, which is designed to deter repeat behavior and ensure that you stay out of other legal trouble. If your case involved an accident or there is a criminal history (or a history of alcohol issues) you may have additional conditions.  Here are the most common conditions.

Suspension, revocation, limitation or conditions on a driver’s license

San Diego DUI suspensions usually permit driving with restrictions on assigned routes, permitted hours, occupational duties and other similar controls. For some probationers, the license to drive is revoked and other transportation must be arranged. Because of federal law, commercial licenses can be revoked for five years, thereby putting a driver out of work.

Alcohol monitoring devices

About 36 states may place a bracelet device which monitors the blood alcohol content from the skin perspiration of a probationer. San Diego utilizes this as an alternative to actual jail time.  It does not get ordered automatically.  If you drink enough to trigger your bracelet, follow-up contact from your probation officer or similar authority will be imminent. If you were driving when the bracelet registered your BAC, the penalties will be extreme. You may also have to have a vehicle ignition interlock installed in your car, which requires a breath test to turn on the car.  I have a whole article about this device.

Substance abuse and/or chemical dependency education and counseling

Formal classroom attendance and varying degrees of personal and group counseling are almost always required for San Diego DUI probation. These conditions are typically imposed for periods of six months up to two years. The class you may have to do is case dependent.  It is a common litigation issue for DUI attorneys.

“Perfect” behavior while on probation

Some courts set conditions that result in revoked probation if any traffic violations occur, or there is any type of criminal activity. If you violate probation, you can be prosecuted both for the new charge, as well as for violating probation on your previous conviction. This can include driving with ANY measurable amount of alcohol.

Fines, costs, fees and restitution

Courts frequently require probationers to pay additional fines and court costs (that may have been avoided by serving sentenced jail time), the fees for monitoring devices, the costs of sobriety testing and restitution for such things as vehicle towing, time spent in jail awaiting the first court appearance, police officer overtime to testify in court, etc. The financial burdens for San Diego DUI probationers are often hefty in order for an individual to stay out of jail.

It is vital to comply with probation, especially if you want the case expunged. In a normal course of a case my firm is handling we terminate probation and expunge as soon as possible. We will be successful only if the client has complied with probation.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected].

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