DUI probation violations are serious offenses in the state of Arizona. If you receive probation and violate the terms, you face serious consequences. The court may order that you spend time in jail, or even prison. As scary as it sounds, your future and freedom are at stake. However, many probation violations occur because of an easily explainable situation. That’s why you need a qualified Phoenix criminal defense attorney if you face the consequences for a DUI probation violation.
At Ybarra Maldonado Law Group, we understand that these are serious charges. That’s why we take every single probation violation seriously, and do our best to defend your rights and your future. The possibility for new or harsher sentences is very real. At YMLG, we review these cases regularly, and we will fight on your behalf to secure your future. If you violated your probation and want us to tell your story, contact our Phoenix office today.
After a DUI arrest, the person convicted may face probation instead of an immediate jail or prison sentence. Probation may be supervised or unsupervised, depending on what the court deems appropriate.
ARS 13-901 details when someone may be placed on probation, how long the probationary period will last, what fees the convicted person must pay, and what the conditions of the probation can be.
What Are the Conditions of Probations in Arizona DUI Cases?
The court determines DUI probation conditions on a case-by-case basis. Most courts require a term of community service, scheduled court dates, fines, and restricting one’s alcohol and drug intake. Even after a first-offense DUI in Arizona, an offender must have an ignition interlock device in their vehicle.
This device measures one’s blood alcohol level before allowing someone to drive. If that person has been drinking alcohol, the device prevents them from starting their vehicle. If they have not been drinking alcohol, they may start their car and drive to their destination.
The court can revoke probation privileges from those who violate the terms of their probation. Additionally, those who violate probation can face separate charges for that violation.
Will I Have Driving Restrictions While on DUI Probation in Arizona?
Most likely, yes. At the very least, your vehicle will be outfitted with an ignition interlock device. This will prevent you from driving your car after you’ve been drinking. Additionally, your driver’s license may be suspended for the duration of the probationary period. As we mentioned before, these restrictions are imposed by the court on a case-by-case basis. Typically, more severe cases of drunk driving warrant harsher probation conditions.
Will I Need to Attend Special Classes?
You will likely need to take special DUI school classes along with the other penalties you face. These classes intend to educate drivers on the dangers of driving under the influence of drugs or alcohol. Depending on factors like your BAC at the time of your arrest, the number of class hours you may be required to take may vary. Another factor influencing your classes is whether this new DUI arrest is your first DUI charge. If it is a subsequent DUI offense, you may need to take more hours of post-DUI classes.
What Happens If I Get a DUI While on Probation?
It’s important to understand the potential consequences of a subsequent DWI conviction while you are already on probation. If you are convicted of drunk driving while on probation, you may face very serious penalties. These penalties often vary depending on the current terms of your probation and your past DUI charges.
Suppose the court originally granted you unsupervised probation, as this was your first DWI conviction. If you commit a subsequent offense while on probation, the court may impose supervised probation. You may also face penalties such as the following.
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What Happens if You Violate Probation for DUI in Arizona?
After you violate your probation, several legal procedures or consequences will occur. Below, we list the likely timeline of consequences after DUI probation violations.
This is your chance to either admit to the violation or request a hearing. If your violation is obvious and very easy to prove, admitting guilt at this stage will result in less headache for you. However, not all cases are the same. You may or may not need to attend a preliminary hearing, depending on the facts of your case. Speak with your defense attorney to determine the best course of action for your case.
This puts the decision in the hands of a judge and usually occurs if you and your assigned probation officer cannot agree on what happened. Prosecutors must bring witnesses and present evidence against you. Your defense attorney works to prove your innocence.
The best outcome for your hearing is that the judge agrees you did not violate your probation. After this, the judge will place you back on probation. In cases of violations, however, the following outcomes are possible:
Sometimes, violations are minor mistakes. The judge might let you off with a warning for, say, missing a substance abuse class.
However, for more severe violations, a judge might opt to give you jail or prison time. Additionally, those who commit new crimes while violating their probation might face new criminal charges.
Other consequences include revoking your probation and imposing the original jail sentence, imposing tougher sentences, extending your probation, and adding additional terms to your probation.
What Counts as a DUI Probation Violation?
Many actions count as probation violations. Some are probably obvious to you, but others are not so much. It’s important to brush up on the Arizona DUI laws if you’re facing probation violation charges.
Below, we list some of the probation violations we see commonly:
Driving with even the smallest amount of alcohol or drugs in your system
Refusing a blood, breath, or urine test
Facing charges for another criminal offense
Failing to show proof of enrollment in court-ordered programs
Failing to complete those court-ordered programs
Not paying restitution to all other parties
Not paying your fines or court assessments
Failing to complete any and all other probation terms
Failing to show up for any and all court dates
How Much Jail Time for DUI Probation Violation in Arizona?
Depending on the facts surrounding your violation, the judge will either impose the original jail sentence on you or extend that original sentence. However, worse consequences occur for those convicted of an aggravated DUI or extreme DUI Arizona.
These criminal offenses often require at least an 8-month prison sentence. However, an experienced DUI attorney will fight your case in court. Nobody deserves to have their freedoms taken away because of a mistake.
Call Ybarra Maldonado Law Group today to have an attorney go over your options and defenses with you.
What Class Misdemeanor is a DUI Probation Violation in AZ?
One important thing to understand is that there are two types of probation violations. These are technical violations and substantive violations. Understanding the difference between these two violations is paramount. Below, we define the two terms.
Substantive Violations: These violations occur when you commit new crimes while on probation. These are more like breaches of the probation than violations of the probation agreement. They are separate offenses derived from separate criminal acts. New charges for new crimes mean all new criminal proceedings for that crime.
Technical Violations: These do not involve crimes or arrests during the original probation period. They involve a failure to adhere to the rules and conditions of the probation agreement.
Furthermore, DUI probation violations are generally classified as the same class as the original crime. To better understand how probation violations work and are classified, we recommend speaking with an experienced defense attorney about your case.
What if I Fail to Appear for My DUI Probation Violation Court Date?
Missing a court date is very serious. If you fail to appear at your scheduled court date, a few different things could happen. The judge might issue a bench warrant for your arrest. If you fear you have missed your court date or if you are at risk of missing it, contact your attorney as soon as possible.
Your attorney may help you contact your probation officers if necessary. Experienced defense attorneys can line out the issue and get your court date back on the calendar. Depending on the specifics of your case, the judge might do one of the following.
Verbal warning
Bench warrant for your arrest
Time in custody before reinstatement of supervision
Revocation of supervision
Imposition of your original sentence
Can I Request My DUI Probation End Early?
Yes. Probation often ends up being expensive for those who go through it. From monthly fees to payments for drug and alcohol testing, all these expenses add up fast. For this reason, early termination of probation is a highly attractive option. Additionally, freeing yourself financially eliminates some of the stress of a DUI conviction. It also gives you the physical freedom to come and go as you please without the necessity of checking in with your probation officer.
Many individuals request early termination after they complete their substance abuse classes or community service hours. They must also pay all fines and legal costs. However, the process is nowhere near easy. Courts look for several factors when determining whether or not you qualify for early termination. We include these factors below:
You fully complied with the terms of your probation agreement.
At least half of your probation period has passed. Some judges don’t even think about early termination unless you serve at least a year of your probation period.
You completed all the requirements, including fines, therapy, community service, and all other necessities.
You have developed a good relationship with your probation officer. They might put in a recommendation for your early termination.
Phoenix DUI Probation Violations Attorneys at Ybarra Maldonado Law Group
If you received a DUI conviction in Arizona, you need qualified DUI attorneys with Ybarra Maldonado Law Group. As one of the top criminal defense law offices in Phoenix, we understand what you’re going through in your case. You can rest assured that we’ve seen and defended it all, and we’re ready to help.
For an aggressive, compassionate attorney, contact our Phoenix office today. Call (602) 905-9299 today or complete our online intake form to schedule your case evaluation. A probation violation lawyer with our firm will ensure you get the legal help you need.
