Probation is a rehabilitative measure that is sometimes imposed instead of or alongside jail time. It usually carries a number of conditions, which may include abstaining from alcohol, submitting to drug testing, and not getting charged with another crime. If you are charged or convicted of a DUI while on probation, the consequences may be severe. James E. Novak is a Phoenix DUI lawyer who previously served as a prosecutor. He now defends those facing criminal charges by leveraging the insights he gained in his prior career to build a strong defense on your behalf.
While probation is not as restrictive as incarceration, it is often imposed with a number of conditions, such as limits on alcohol consumption, travel unrelated to work or school, social activities, use of non-prescription drugs, computer usage, firearm possession, and interaction with friends or family who have criminal records. You may be required to submit to random drug tests or even random searches of your car or home. Probation may be unsupervised or supervised, but in either case, you are not allowed to violate the law while on probation.
If you are caught driving under the influence while on probation, you can face harsh consequences. You may be charged with violating probation and also face separate drunk driving offenses. Your probation officer may petition to revoke probation as a result of your drunk driving charge, and the court may issue a warrant for your arrest. If you were on probation for a prior drunk driving offense and you are caught drunk driving, you may face charges for a repeat or subsequent DUI offense and the penalties are likely to be more significant than they were for the first offense.
A probation violation occurs when you have violated the terms and conditions of your probation. Depending on the probation order specified by the court, you may violate probation by driving drunk (or even drinking at all) or by committing a new crime while on probation. To establish a probation violation, a prosecuting attorney needs only to show a probation violation by a preponderance of the evidence. This is a lower standard than the beyond-a-reasonable-doubt standard used to secure the initial conviction. The court may revoke your probation, resentence you to jail or establish additional conditions to your probation. For example, if you were previously on unsupervised probation, a judge might place you under house arrest, requiring you to call and let your probation officer know when you will leave and return for work.
In addition, if you are caught drunk driving within 84 months of a first DUI conviction, you may face repeat drunk driving charges. Arizona has some of the harshest DUI laws in the country, and prosecutors take drunk driving while on probation very seriously, which means they may seek maximum sentences. For a second DUI offense while on probation, you will face a minimum of 30 days and possibly up to 180 days of jail, the mandatory installation of an ignition interlock device, and fines of more than $3,000, a 12-month license revocation, mandatory alcohol and drug screening and treatment, and community service. If this is your third or subsequent DUI offense, you will be incarcerated for at least 4 months and fined at least $4,000. Those who are convicted of aggravated drunk driving and have 3 or more prior offenses related to DUI within 84 months won’t be eligible again for probation until at least 8 months of prison time have been served.
Probation must be taken seriously. However, you should not assume that nothing can be done about a probation violation and drunk driving charge. If you are charged with a DUI while on probation, you should consult seasoned criminal defense attorney James E. Novak. Mr. Novak has years of experience representing those charged with driving under the influence of alcohol or drugs in Phoenix along with Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.