February 20, 2014 By Matthew Wallin

If you have been convicted of a crime, probation is a type of supervisory sentence that the judge imposes in lieu of jail time. This is a sentence that allows you to be released into the community on the condition that you meet the various terms set by the judge. Not satisfying any of these terms, or failing to attend one of your scheduled court hearings puts you in violation of your probation.

If you violate the terms of your felony or misdemeanor probation by driving under the influence of alcohol, you may face severe consequences under California Penal Code Section 1203.

What Will Happen If I Get a DUI While on Probation? (PC 1203)

The court can impose several legal consequences if you receive a DUI while on probation

If you are convicted of a crime and the judge sentences you to probation, California Penal Code section 1203 explains that your release into the community is based on certain terms and conditions. Violating those conditions can subject you to arrest. A probation revocation hearing will then be held, where the judge determines if you have in fact violated your probation.

Commission of a new criminal offense, such as a DUI, is a common probation violation. Under California Penal Code section 1203.3, the court has the authority to impose several legal consequences, including:

  • Revoke and reinstate probation and impose a jail sentence;
  • Revoke probation and impose the sentence provided by law;
  • Extend the length of your probation;
  • Impose additional probation conditions;
  • Order counseling; and
  • Order a substance abuse treatment program.

By committing a DUI while on probation you may face any of these consequences based on the seriousness of your probation, your history of prior violations, your prior criminal history and the discretion of the judge. If you are confronted with accusations of violating your probation, it is crucial that you contact one of our experienced Los Angeles DUI defense attorneys at Wallin & Klarich to help you reach the best possible legal outcome.

What if I was on Probation for a DUI and I Get a Second DUI? (CVC 23154)

If you have already been convicted of a DUI and you receive a second DUI, you are in violation of California Vehicle Code Section 23154. This section describes this crime as operating a motor vehicle at any time with a blood-alcohol concentration of .01% or greater while already on probation. This will also place you in violation of California Vehicle Code section 23600 for failing to meet minimum probation conditions.

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If you break California’s “zero tolerance” law the DMV will suspend your license.

Violation of these vehicle codes as determined by preliminary alcohol screening tests or chemical tests at the time of your arrest while on probation for a first DUI can subject you to serious consequences. CVC 23600 states that one of the minimum requirements of probation is not driving a vehicle with any measurable amount of alcohol in your blood.

One major stipulation of CVC 23600 is that your blood alcohol concentration cannot be over .04. If this is the case, while on probation for a first DUI, the court will end your probation and grant a new probation, which can extend the conditions of your first sentence by up to five more years. You will also be placed in county jail for a minimum of 48 hours.

In addition, California’s “zero tolerance” law for driving with alcohol in your system while on probation for a DUI will lead to the DMV automatically suspending your driver’s license for one year. Fighting this suspension is possible if you request a DMV hearing within 10 days of your arrest. An experienced DUI defense attorney can help you request a DMV hearing and keep your license.

Call the DUI Defense Attorneys at Wallin & Klarich Today

If you are facing charges of DUI while on probation, it can have a major impact on your life. The attorneys at Wallin & Klarich have been successfully defending our clients facing DUI charges for over 30 years.

With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, Wallin & Klarich has an established reputation of providing its clients with round-the-clock support.

Call us at (877) 4-NO-JAIL or (877) 466-5245 to discuss your case. We will be there when you call.

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