It is a condition of probation on any DUI case that the defendant should
not drink any measurable amount of alcohol and drive. This means that
even one drink, or a .01% blood alcohol level can land the defendant in
trouble. The judge has discretion to impose up to the maximum penalty
for the offense which is six months in county jail on a first offense,
or one year on a second or third offense.
This means that a defendant can be found not guilty of driving under the
influence of alcohol and not guilty of driving with a .08% blood or breath
alcohol, but still be found to have violated his or her terms and conditions
of probation by driving with a measurable amount of alcohol, less than a .08%.
Politics comes into this, particularly with a DUI in Orange County. If
the case is conducted in an adversarial manner, and the judge is upset
with the defense attorney or the defendant, the judge is likely to vent
his or her anger by coming down heavily on the defendant for the probation
violation. If the case is tried in a professional manner with genuine
issues, a reasonable judge would decide not to take any action on the
probation violation and simply re-instate the defendant on the original
terms of probation without any further penalty.
Often on a second offense in violation of probation on a first offense,
it is better to approach the case with an acceptance of responsibility
and negotiate with the court for the least amount of penalties instead
of going to trial.
If you have any questions concerning
penalties for a DUI probation violation, or how to defend a second DUI offense, please call
Gold & Witham for a free consultation.