Orange County DUI Probation Terms
In Orange County, if you are convicted of a DUI, or if you agree to plead guilty to a DUI as part of a plea bargain in a DUI case, you are subject to the standard Orange County DUI probation terms.
Those terms are part of the standard minimum DUI sentence. By law, a judge in a DUI case has to sentence someone to a minimum of three years probation (and in some jurisdictions, they may sentence to five years probation, like they do with San Diego DUI cases.
As a condition of probation, and as a condition of probation, you can face more severe punishment if you violate any of the terms of a DUI sentence or DUI probation.
That’s a problem, because as I have found, in over 23 years of practice as a DUI Attorney in Orange County, most DUI clients cannot remember what terms were in their DUI sentence or Orange County DUI Probation, even though it was in writing and sets forth conditions that they have to live by every day for the next three years or more.
What is probation in an Orange County DUI case?
Probation is a special status for persons that plead guilty in almost all Orange County criminal cases. The idea of probation is that there is additional punishment (usually jail time) hanging above the head of someone on probation. The client will get a lowered sentence, and be placed on probation, but bargain with the court that they will not get in trouble again.
If you violate any terms of probation, that is considered a probation violation. If the violation could be considered an additional crime, then you have two cases – the prior DUI case they are on probation for is resurrected, and they are facing both the new case, and a probation violation on the old DUI case.
What is involved in probation in an Orange County DUI case?
Probation, for purposes of DUI cases in Orange County, means no probation officer, no checking in with any probation office, and no prohibitions on where you live, where you move to, or where you can work.
You are on special status, and only have potential punishment if you violate the law, or violate the specific terms of your DUI sentence, or your DUI probation in Orange County.
What are the Orange County DUI Probation Terms?
In Orange County DUI cases, the court has to sentence between the minimum and the maximum by law for DUI punishment. The terms of probation in a DUI case depend on whether or not there are DUI enhancements filed that increase the punishment for a DUI.
For example, if there is DUI with an accident in Orange County, there is a requirement that the Orange County judge handling the case order that any damages be paid if they are not already covered by insurance. This is called restitution. If the DUI doesn’t involve an accident, this requirement wouldn’t be imposed as a sentence term or a term of probation.
Similarly, there can be additional DUI sentencing and probation terms for any of the following:
- A DUI with children in the car (usually requiring a protective order and child care classes);
- A DUI with a high blood alcohol level (at a .16% or higher) (usually requiring a longer alcohol school;
- A DUI with a prior (usually requiring a longer alcohol school, and the increased punishment for a second time DUI in Orange County, or a third time DUI in Orange County).
- A DUI with an accident (usually requiring that restitution be paid to the victim, as mentioned above).
Other than the special situations above, in a DUI case in Orange County, the terms of a DUI sentence, and thus the terms of DUI probation in Orange County court is typically as follows:
- Violate no law.
- Obey all orders, rules, and regulations, and directives of the Court, Jail, and Probation.
- Do not drive without a valid driver’s license in your possession.
- Do not drive without proof of valid auto liability insurance or financial responsibility as required by law.
- Use true name and date of birth only at all times.
- Disclose terms and conditions of probation when asked by any law enforcement or probation officer.
- Do not drive a motor vehicle with any measurable amount of alcohol in your blood*.
- Submit to a chemical test of your blood on demand of any peace officer, probation officer, or mandatory supervision officer; and
- Carry valid government issued identification at all times.
*Most people don’t realize that they cannot have any alcohol in their system while on DUI probation. They often think that, because the legal limit is 0.08%, that they can drive with any amount below that. For people on DUI probation in Orange County, you cannot drive with any alcohol in your system, at all.
If you are stopped, for any reason, and you are found to be on DUI probation and have alcohol in your system, you have violated your Orange County DUI Probation Terms.
How do I get off Probation in an Orange County DUI case?
Probation expires automatically in DUI cases when three years from the date of the entry of the guilty plea or guilty verdict in a DUI is entered.
The law also allows you to get off probation early, in as little time as the minimum of one year of probation, if you ask for it early. That requires a written motion, filed with the court, served on the prosecutor, and argued before the court. That motion is called a “Motion to Terminate Probation“.
Once you are off probation, your DUI criminal conviction can be expunged. An expungement clears your record to the maximum allowed by the expungement laws, by removing the conviction and retroactively replacing it with a dismissal, making it look like the DUI was dismissed.
Contact us for Concerns about your Orange County DUI Probation Terms
Contact us today if you need an Orange County Probation Violation Attorney. We can help you avoid maximum punishment if you’ve violated your Orange County DUI Probation Terms.