Understanding DUI Violation of Probation in Georgia
Speak with a trusted Gwinnett County DUI Lawyer in Georgia.
A DUI violation of probation can have serious, long-term consequences, but attorneys from Philip Kim Law, P.C. could help. Contact us for more information.
Author: Philip Kim, Founder, Philip Kim Law, P.C.
Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.
Published on February 21, 2023.
Probation After a DUI Conviction
If a person is convicted of a DUI in Georgia and placed on probation, they have to comply with the rules and regulations set by their sentencing court.
If an individual violates one or more conditions while under the supervision of a probation officer (such as failing to submit proof that educational programs have been completed), the probation officer will report to the court that they have violated probation conditions, and criminal charges will be filed.
Violation of Probation for Driving While Intoxicated
Probation for DWI in Georgia is usually twelve months but may be extended under certain circumstances. Additionally, individuals who violate probation set by the court will be taken to the county jail under an arrest warrant.
They will likely face serious consequences after court assessments of their DWI violation of probation case, such as an additional DUI charge, a lengthy period of license suspension, additional court costs, fines, and a possible maximum sentence in jail.
Therefore, it is essential to contact a criminal defense lawyer with experience in handling probation violations. If you are arrested and charged with violating your probation, consult a Gwinnett County DUI lawyer to protect your rights and give you legal guidance for your probation hearing.
Rules and Terms of Your Probation Post a DUI Conviction
Here are the primary rules imposed by Georgia courts, including the Gwinnett County DUI Court, for probation after a DUI conviction in Georgia:
- Abstain from consuming alcoholic beverages or illegal drugs while on probation for a DWI conviction and complete alcohol testing to ensure compliance.
- Refrain from driving a vehicle if under the influence of any intoxicant, including but not limited to alcohol, illegal drugs, and prescription and nonprescription medicines that can cause impairment in judgment or alertness.
- Abide by all laws (state statutes and municipal ordinances) during supervision.
- Submit proof that educational programs have been completed by specified deadlines set forth by the court upon initial sentencing.
- Attend all court-ordered appearances and comply with any orders issued by the judge.
- Refrain from owning or possessing weapons while on probation.
- Remain within the specified geographical area mandated in the sentencing order.
- Pay a monthly supervision fee or fine associated with a DUI conviction.
- Report regularly to supervising officer according to the established schedule.
- Notify your probation officer of any address change during probation.
- Refrain from excessive use of alcohol as defined by the court.
- Participate in completing any additional educational programs or treatment if prescribed.
- Submit to breathalyzer tests upon request and provide results.
- Abide by all restrictions imposed on driving privileges.
Examples of DUI Probation Violations
A DUI probation violation may involve:
Failing to submit proof of completion of educational programs on time
Drinking alcohol or using drugs while on probation
Not adhering to restrictions imposed upon driving privileges
For instance, if an individual is placed under supervision after a DUI conviction and caught operating a vehicle with an open alcohol container in their car, they are said to have directly violated the terms of their DUI probation. Such a violation can result in more severe penalties being imposed.
Penalties for Violation of a DUI Conviction
The consequences for violating your probation are severe. If an individual is found in violation of their DUI probation, they can face a variety of penalties, including lengthy jail sentences and expensive fines ordered by the court. Depending on the severity or frequency of the violations, the defendant may also be required to perform community service or undergo DUI drug or alcohol treatment.
A judge will also likely impose a mandatory driver’s license suspension and installation of an ignition interlock device on the individual’s vehicle.
In addition to the court-imposed penalties for violating probation, an individual jeopardizes their chances for future employment, advanced education, or professional licensing. Violations of probation may also prevent criminals from renting a house or apartment, applying for certain educational opportunities, or receiving custody of their children.
The penalties for violating DUI probation in Georgia are harsh so as to punish repeat offenders and send a message to the public that driving while under the influence is unacceptable in Georgia.
What Is the Amount of Jail Time for a DUI Probation Violation?
DUI probation violations carry varying prison sentences based on their severity and frequency. A judge may sentence an individual to jail for several months or even multiple years.
What Happens When You’re Charged with a DUI on Probation?
If individuals are convicted multiple times while under supervision for DUI. In that case, it could lead to further legal action against them (such as license revocation), which would negatively affect personal and professional situations.
The DUI process in Gwinnett County and probation rules are complex and sometimes difficult to interpret. An experienced Georgia DUI drugs attorney can help you navigate the legal process in Gwinnett County, GA.
How Is a 2nd DUI Probation Violation Treated?
The consequences of a second DUI probation violation depend on the individual’s case and can result in additional legal complications. The sentencing judge may impose harsher penalties and fines depending on the offenses committed.
Additionally, the individual will likely not receive temporary driving privileges for work-related purposes, which could adversely affect their employment.
How Can a Gwinnett County DUI Lawyer Help You?
Hiring an experienced and knowledgeable attorney can make all the difference if you have been charged with a DUI Probation Violation in Gwinnett County, GA.
Criminal lawyers in Lawrenceville can review your case and advise you on how to proceed to enhance your chances of winning. They can help:
Negotiate plea bargains.
Explain probation rules and the consequences of violating those terms.
Represent clients at court hearings or trials.
Work towards reducing or dismissing charges based on the individual’s situation.
A Georgia DUI Lawyer will give you a better chance of obtaining a favorable outcome in a DUI violation of probation case. They can also be a great asset if you require any Gwinnett County probation office help. Schedule a free consultation with Philip Kim Law, P.C., today to learn more and get started on your case!