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What Happens if You Violate Probation for a DUI?

Posted on April 24, 2023 in

Driving under the influence of alcohol or other substances is a serious offense in Arizona, with mandatory jail time of 10 days or more even for a first offense. Often DUI convictions result in probation for a period of time following the conviction. During the probation period, you may have to complete hours of community service and attend a mandatory series of classes on substance abuse. During the probation period, it’s critical that anyone with a DUI conviction carefully adhere to all terms of their probation agreement. Violating probation for a DUI in Arizona significantly increases the consequences of the original conviction.

Understanding Probation in Arizona DUI Convictions

DUI is a conviction that often allows judges to place first-time offenders on probation rather than sentencing them to lengthy jail time, as long as their DUI offense didn’t involve an accident with fatalities. Probation may be for a period of up to 5 years. Depending on the seriousness of the circumstances of the offense, a DUI conviction could result in any one of the following probation types:

  • Unsupervised probation which doesn’t require mandatory check-ins, only avoidance of repeat behaviors
  • Supervised probation, which requires periodic reporting to a probation officer
  • Intensive probation, which may be part of sentencing after a second or third DUI conviction and requires reporting to a probation officer frequently for blood alcohol level tests and other requirements

It’s extremely important to rigidly follow the terms of your probation after a DUI conviction. Remember, probation is an alternative to prison. If a judge sentences you to probation rather than prison it’s a privilege that you shouldn’t take for granted or abuse.

Common Violations of DUI Probation

Some probation violations may be minor, like missing a single sobriety class, in which case a judge may issue a stern warning and additional requirements. However, there are many other violations that could bring more serious consequences. Some commonly seen violations of DUI probation include:

  • Driving while under the influence
  • Refusing a mandatory breathalyzer, urine testing, or blood test
  • Failing to enroll in court-ordered classes
  • Failing to complete court-ordered classes or other terms
  • Missing a court date

If you’ve committed any of these violations, you should call your Arizona DUI attorney to fully understand your rights and obligations.

Consequences of Violating Probation for a DUI

If you don’t adhere to the terms of your probation after a DUI it’s a serious violation. The results could be further restrictions or worse. Once the probation officer determines that you’ve violated the terms of your probation you’ll face an arraignment and a probation violation hearing, 

Some possible consequences of probation violation after a DUI include:

  • Extending your probation time
  • Imposing new probation restrictions and requirements
  • Strict restrictions such as mandatory daily call-ins, frequent BAC testing, or house arrest
  • Revoking probation and reinstating the original sentence, including  jail or federal prison time

Further, if the probation violation was another DUI, you’ll face a second charge with far more serious consequences.

Some probation violations are simple mistakes, but others may be extremely bad choices with results that could negatively impact your future.

If you’ve made a mistake or bad decision and violated your probation after a DUI, it’s important to contact your Phoenix DUI lawyer for a strong defense.