What will happen if I violated DUI probation? 9 Answers as of March 11, 2011

I was arrested for a misdemeanor DUI in October of 2009 and convicted in March of 2010. I have completed my classes, have more than then half the fine paid off and just regained my license. Recently I was arrested for drunk in public and am to go to court in April of 2011. I wouldn't be too concerned of a fine and a class but I have violated my probation. What would the consequences be?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The balance of the six months court could impose. Hire a good traffic attorney.
Answer Applies to: California
Replied: 3/11/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The new arrest is certainly a probation violation. Most times the judge will not sentence you for that but will impose a nominal sentence for the new offense. To insure that handling of the case you should retain an attorney. We handle many such cases and have never had a client sent to jail for the violation. For more info or to retain our services call Tom Mueller.
Answer Applies to: California
Replied: 3/10/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
For a violation of probation the Judge could revoke your probation; sentence you to jail; make you attend more alcohol classes; suspend your license- or any combination of the above. Get an attorney. This can be dealt with.
Answer Applies to: California
Replied: 3/9/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
It depends. It depends upon whether you were passed out on the sidewalk, or were just buzzed outside some bar and lipped off to some authoritarian cop who had to come back over the top and rough you up/take you in due to his insecurities. It depends upon which County we're talking about. It depends upon the Judge. It depends upon the Deputy District Attorney. There are a lot of variables, wouldn't you agree? It also most definitely depends upon how effective an Attorney you have, whether that is a private Attorney or a Deputy Public Defender. You did not mention what your original sentence was, which is relevant information, but at most I do not believe more should happen than that you possible serve some additional days on a work release program for the violation, and might have to attend some Alcoholics Anonymous meetings.
Answer Applies to: California
Replied: 3/10/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
There are a lot of variables, including the Court of your DUI conviction, the factors that led to the recent arrest, etc. It's possible you could be looking at jail time. Was the DUI conviction in the same court or jurisdiction as the current charge?
Answer Applies to: California
Replied: 3/10/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Chances are the probation violation will just get swept in as part of the deal on the new offense. Probation will be revoked and then reinstated.
    Answer Applies to: California
    Replied: 3/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Well, the maximum for a first DUI is 6 months in jail. If you were not given any time when your were originally sentenced, then the entire 6 months is suspended pending successful completion of probation. Since you have picked up a new charge, the Judge in the original court could give you some of that time. Considering hiring an attorney to go to court on your behalf to have probation reinstated with little or no punishment.
    Answer Applies to: California
    Replied: 3/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    The drunk in public itself is no big deal. A small fine most likely . But the probation violation is notgood. They can jail you for up to one year - they won't. If you have a PO you report to and he is an asshole you will have problems. If your PO is nice or you are on court probation and do not need to report, you will be better off. It is really up to your PO (Probation officer) if you have one to violate you in the first place (they don't have to) but if no PO it will be up to the DA pushing the judge. Get a lawyer or the Public Defender as it could get somewhat serious.
    Answer Applies to: California
    Replied: 3/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    probation violation means possible revocation of probation and sentencing to jail on the original charges sentencing you pled to. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me to arrange a consultation to discuss the facts and fees.
    Answer Applies to: California
    Replied: 3/9/2011
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