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For 2nd DUI While on Probation in California

Set the stage, but a little differently:  A person is arrested for a DUI while out on probation for a 1st DUI.  Accused’s attorney says to stay in jail instead of bail, but the accused is released from jail without bail having to be posted.   This seems odd.  The person’s probation officer logs the probation violation.  The accused is concerned about being arrested at the arraignment hearing.  Probably has good reason to be concerned.

It needs to be noted that probation is not the same as parole.  Probation is an alternative to imprisonment, a period of supervision in the community imposed by the court. Probation is supervised by the Department of Corrections in California.  Probation is an act of grace by the Dept. of Corrections.  It is not a right.   Parole is the release of an inmate from prison before the inmate’s sentence is complete. Parole is a period of supervision; must be successfully completed, must comply with the release agreement’s conditions and terms as ordered by the Florida Parole Commission.  The Commission’s decision to parole an inmate is an act of grace of the State.  It is not a right.

The accused has every reason to fear being arrested for violating probation.  The violation will likely come up in a search by the police for any criminal record on the accused’s name and address.  The probation violation will likely end up as an arrest warrant once the violation reaches the court’s bench.  At this point the courts will hold the accused and deal with the 2nd DUI as a repeat offense.

Somewhere in here the accused needs to call his or her lawyer to update the lawyer and expedite the case, or somehow eradicate the violation by convincing the judge that the violation was somehow a misunderstanding.  Not likely say the experts given that the parole violation was a DUI, a repeat offense and in the state of California.  The sovereign state of California passed an updated DUI law in January 2012 increasing penalties especially for the repeat offenders.   State statistics show that more than 1.5 million DUI arrests are made each year in the state of California.  State statistics go on to show further that one third of that count, over 500,000 of these arrests are for repeat offenders.  What the new law provides for a person’s 2nd DUI offense is the following.  If a person is found guilty of two DUIs within ten years, then that person can be put in jail for as long as one year and be assessed a fine to pay up to $1000.  This fine will be increased if the accused is also found guilty of special circumstances such as driving under the influence while having a minor in the car.  The convicted person can and will likely lose his or her driver’s license for two years and be required to attend an alcohol or drug program for treatment.  This class could possibly last up to thirty months, two and half years.

The judge will be inclined to send the accused to jail to serve the initial DUI’s sentence with some additional time for violating the probation.  This is not the DUI sentence.  That will come once the DUI case itself is brought to court.  With the DUI being a probation violation, it is very likely that the accused will be doing even more jail time, rather than just a fine, some fees, and additional probation.  Probation could happen, but experts in California law and probation violations stated very clearly that it is very unlikely to occur.


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