All driving under the influence (DUI) penalties come with a penalty of probation, which is an opportunity for an individual to prove his or her ability to not drink and drive. When this happens, a probation officer supervises the person who is on probation to make sure they adhere to the law.
If you are on probation for a DUI offense, you must follow certain rules and actions to complete your probation sentence. There are several legal regulations and mandates that impact probation.
Varieties of Probation
There are two major types of DUI probation: general probation that comes with every DUI charge, and “alternative sentencing” that the law can assign in place of jail time.
General Probation for DUI
The law refers to this type of probation as “summary probation.” Representatives of the law do not supervise offenders on summary probation. The terms of this type of probation are that you agree to the following:
- Do not commit a crime. A speeding ticket or parking violation does not count against probation unless they are associated with a major crime. However, driving without car insurance or a license does violate probation.
- Submit to a blood, urine, or breath test if a law official arrests you on suspicion of a new DUI charge.
- Do not drive with any alcohol in your system.
In many states, individuals can drive with alcohol in their system if it is less than .08% blood alcohol concentration. However, if a law officer pulls you over with any measurable amount of alcohol while you have a DUI charge and you are on probation, you will be in violation of your probation. The law in most states considers any amount over .04% as measurable.
California’s Alternative Sentencing Probation
Another type of probation in California is called an “alternative sentencing program.” If you don’t carry out the rules of your alternative sentence, you go to jail. Judges in California can apply one of five alternative probation sentences:
- Fulfilling community service
- Completing Caltrans roadside work for the California transportation agency
- Enrolling in alcohol education classes or treatment programs
- Paying compensation to the individuals you injured with your DUI
- Electronic monitoring recording your blood alcohol level, including whether you drink any alcohol at all
If you’ve been arrested for DUI in California, you may want to consider asking your attorney if alternative sentencing is an option for you.
If You’ve Been in an Accident
If you’ve been injured in an accident with a driver who was drinking, you may want to consider filing a personal injury lawsuit. A drunk driving accident attorney may be able to help you recover your damages from the at-fault driver whose gross negligence caused your injuries.
If you’re facing drunk driving charges, the best thing you can do is to have an experienced DUI legal team on your side. A criminal defense lawyer can work with you to make sure you receive fair and honest treatment.
If you haven’t been involved in an accident yet, there are steps you can take to reduce your risk of being involved in a DUI car wreck. Never drink and drive, and stay alert when you are on the road. Being aware of the drivers around you can help you to spot any signs that a driver is drunk.
In the United States, drunk driving accidents claim approximately 10,000 lives each year. Every one of these deaths was preventable. This is why states are cracking down on drunk drivers. Don’t become a part of these grim statistics. Follow the rules of the road and help everyone to stay safe.
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