If you are convicted of DUI, you will be placed on probation. Depending on the facts of your case, DUI probation will last anywhere from three to five years.
Being on probation can have a devastating effect on many areas of your life. If you are a licensed professional, such as a doctor, lawyer, real estate agent, or nurse, you will have to report your conviction to your licensing board and may face additional penalties. If you’re a trucker, pilot, or taxi driver, your professional license could be revoked or suspended. If you are looking for work, you may have to state your conviction and the fact that you’re currently on probation on an employment application.
However, you could speak with an experienced DUI attorney and attempt to have your DUI probation terminated early.
Eligibility for Terminating DUI Probation Early?
California Penal Code Section 1203.3 1 states that you can file a motion with the court to have your probation terminated early. In order to terminate your probation, the judge must state for the record reasons why justice will be served with early termination. The judge will consider whether you have fulfilled the terms of your probation and demonstrated good conduct and reform by exhibiting the following:
- Attending DUI classes
- Not violating any law
- Doing your community service
- Paying all fines and fees in a timely manner
- Not driving on a suspended license
- Showing proof of auto liability insurance or financial responsibility
- Submitting to and passing chemical testing of blood-alcohol content
- Serving at least half of the probation sentence (or less in special circumstances)
- Obeying all orders, rules, regulations and directives of the court and jail
- Reporting to the Alcohol Liaison Office
- Completing an alcohol abuse program
In addition, the court may consider whether you have taken steps on your own that show good faith and prove that you are reformed, such as regular attendance at AA meetings or continuing in AA if you were sentenced to attend. The court will also consider other reasons for terminating your probation, such as the effect DUI probation is having on your ability to find gainful employment, perform a job, and retain your professional license.
In order to terminate your probation early, the prosecution must be given notice of the motion and the opportunity to attend the hearing to state any opposition to the termination of your probation. If you’re on formal probation, notice must be given to your probation officer.
During the hearing, your attorney will present a convincing argument for terminating your probation, showing that you are reformed and have consistently met all the terms of your probation, that you have paid all fines and fees on time, attended all court mandated classes and meetings, served any jail time or community service the court sentenced you to, and stayed out of trouble.
Your attorney will also present any evidence that you have shown good faith on your own and have taken action to prove you are remorseful for you actions.
Your attorney will present any compelling reasons for terminating your probation, such as that being on DUI probation may endanger your professional license and impede your ability to have gainful employment, or that you need to move to another state for employment reasons.
A New Set of Facts for the Court to Consider
Your attorney will present evidence that you have shown good conduct and reform, and this evidence will constitute a new set of facts for the court to consider that are much different than the facts the court had at your initial sentencing. This new set of facts will allow the court to show leniency, and the judge will be able to write a report for the record that will reflect your hard work in complying with the law.
If your professional license is jeopardized, early termination of probation for showing good conduct and reform can help to show your professional licensing board that, although you made a mistake, you have gone to great lengths to reform. Being granted early termination of probation can help prove that you are not guilty of moral turpitude and no longer pose a danger to the community. It will greatly enhance your chances of keeping your professional license and being reinstated in good standing.
Wallin & Klarich Can Help You End DUI Probation
If you’ve been placed on DUI probation, you need to talk to a skilled Wallin & Klarich DUI defense attorney immediately. We will meet with you and help you plan a strategy of action that can earn you early termination of probation. Our attorneys have over 30 years of experience successfully defending our clients accused of DUI.
At Wallin & Klarich, our experienced DUI defense attorneys know how to present your case in the best possible light, and how to convince the court that you have shown good conduct and reform. Our DUI criminal defense attorneys have the experience and skill to get you the best possible outcome at your hearing.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich DUI attorney available to help you no matter where you work or live.
1. [http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=2.&chapter=1.&article= ]↩