Arizona DUI Probation Violations
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What Happens if You Violate Probation for DUI?
After you violate your probation, several legal procedures or consequences will occur. Below, we list the likely timeline of consequences after DUI probation violations:
Probation Violation Arraignment
This is your chance to either admit to the violation or to 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. Speak with your defense attorney to determine the best course of action for your case.
Probation Violation Hearing
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.
Possible Hearing Outcomes
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 during the violation of 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 not so much.
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
- 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 who are convicted of an aggravated DUI. These cases 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. Technically, 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. Experienced defense attorneys are able to 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 a number of 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 the qualified DUI attorneys with Ybarra Maldonado Law Group. As one of the top criminal defense firms 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 602-910-4040 today or fill out our online intake form to schedule your consultation.