Many first time DUI offenders may be granted a probationary period in lieu of jail time, especially if you have no criminal record and low-risk of committing another crime. The terms of probation will vary from case to case, but may come with other requirements such as a mandatory drug treatment program, regularly checking in with a probation officer and submitting to drug and alcohol testing at random intervals, installing an interlock ignition device (IID), or limiting your driving only to work.
Legal Consequences/ Penalties
Because probation is often considered in sentencing as a replacement for short jail terms, the punishments for violating probation are often enhanced. If you violate your DUI probation, you will risk not only the harsh penalties for the violation itself, but also for the existing DUI penalties you would have faced had you not been granted probation.
You may face:
- Jail for the rest of the probationary period
- Considerable extension of the probationary period
- Suspension of your license
- Substantial fines and fees
- Community service requirements
- Additional jail time
In certain instances, you may face probation revocation based upon a new criminal charge. This is because as part of DUI probation, the judges routinely order the defendant to have no criminal violations of law.
Probation Violations and License Suspensions
Currently, there are 3 types of violations of a DUI probation that require the court to impose a mandatory penalty. Violation of any mandatory condition of a court-approved probation requires a minimum penalty of 30 days' jail time, which may not be suspended or deferred, and anadditional 30-day license suspension. See RCW 46.61.5055(11).
You will face license suspension if it was part of your probation had any of the following mandatory conditions:
- You had to drive with proof of a valid license and proof of financial responsibility insurance (SR 22). This includes situations where you do have a valid license but you did not have it on you at the time you were driving.
- You may not drive within 2hrs of having a BAC of 0.08% (the legal limit). This means you must stay under the legal limit, even if you drive 2 hours later.
- You may not refuse to submit a BAC test
“Let My Former Experience as a Prosecutor Work for You”
Most people who have contacted us for help with a DUI arrest have never been in trouble with the law before, and are even unaware of the consequences of an innocent mistake such as forgetting your license at home. When you understand the substantial amount of money in fines and fees, and consequences of a DUI conviction or probation violation, you will understand how important it is to work with an experienced attorney who knows the ins and outs of DUI defense in Washington State. Seattle criminal defense lawyer Steve Karimi has been breaking down DUI cases for decades, and seeking alternatives to a DUI conviction. Call 206-621-8777 today to schedule a free initial consultation. 24-hour-a-day call service is available at 206-660-6200.