A probation sentence following a driving under the influence (DUI) conviction is an opportunity to avoid jail time, but it can also create confusion and extreme stress especially if you diverge from strict compliance with the court’s requirements.
A probation period comes with strict conditions, such as fines and court fees, regular visits to a probation officer, and a driver’s license suspension. In addition, those who fail to meet any of these requirements at any time face the possible revoking of their probation, which could result in a stricter sentence, and potentially even jail time.
The repercussions of a DUI conviction and a probation violation are serious in Colorado, and you shouldn’t have to navigate the system alone. I’m Colorado Springs-based DUI defense attorney Christian A. Schwaner. I can fight for a fair probation sentence, help you understand what you need to do to comply with probation, and — in the event of a probation violation — skillfully litigate on your behalf to avoid the more serious consequences of these charges, such as an extended probation or jail time.
I have over 20 years of experience both as a prosecutor and a defense lawyer, so I understand from both sides of the courtroom what it takes to succeed on behalf of my clients. I am a compassionate, honest DUI lawyer who will always provide you with a realistic assessment of your case. You will receive the full extent of my experience if you’re facing the tough consequences of a DUI or probation violation.
Call today to schedule a free consultation at (719) 440-6720 or fill out the free consultation form. I am a criminal defense lawyer with a track record of success and reputation for total personal commitment to my clients
Understanding Your DUI Conviction
If you have been charged with a first-time DUI, chances are you will be sentenced to a period of probation, and your license will be suspended. You’ll also be subject to additional requirements such as paying a fine and other court fees, and participating in community service as well as a Victim Impact Panel, a class which reiterates the negative impacts of driving under the influence. If you fail to meet the conditions of your probation, you might be arrested and required to attend a hearing where a judge decides whether or not to revoke your probation. If this happens, you will likely be facing a second sentence with steeper consequences.
If you have two or more DUI convictions, you’ll be facing a mandatory sentence of jail time. This may be put on hold in exchange for an extended probation period. However, a motorist who violates their probation under these circumstances faces even greater penalties, with jail time becoming a more likely scenario.
If you are hauled into court for a probation revocation hearing, it is crucial that you have an experienced criminal attorney by your side. Violating your probation is a serious matter, but you also have individual circumstances that deserve to be clearly heard by the judge.
As your criminal defense attorney, there are various strategies I can use to defend your rights and your freedoms. Whether you are facing a felony or a misdemeanor, I will employ all of my skills to represent your interests and navigate the legal system in your favor.
DUI Probation — Frequently Asked Questions
The following are answers to commonly asked questions about DUI convictions and probation violations. To discuss your case in more detail, call me at 719-577-9700.
When is probation imposed for a DUI?
If you’ve been convicted of a DUI, the court will most likely sentence you to probation. For a first offense in Colorado, probation is likely in most cases, usually for a period between six months to two years. For a second or subsequent offense, you could face a mandatory jail sentence. However, jail time may be deferred in lieu of an extended probation period, which usually lasts two to four years.
What does probation entail?
Before receiving your sentence from the judge, you will likely be asked to complete an evaluation to determine the degree of supervision and rehabilitation that might be needed, such as therapy and education classes. Supervision entails regular visits to a probation officer. Not all probation periods require such monitoring, but most do.
The requirements for DUI probation depend on individual circumstances. However, DUI probation usually includes a combination of the following penalties and obligations:
- Suspended driver’s license
- Regular meetings with a probation officer
- Fines and fees for court costs, restitution, and other fees
- Community service
- Participation in a Victim Impact Panel
- A alcohol/drug treatment plan
- Supervised alcohol/drug testing
- Installation of an Ignition Interlock Device in your vehicle
- Strict compliance with local, state, or federal laws
- Jail time
What constitutes a probation violation?
A probation violation is the failure to meet the stipulations required by the court after your DUI arrest. This may mean failing to report to your probation officer, nonpayment of fees, using prohibited controlled substances, or committing a new crime.
Failure to meet the conditions set by a judge could result in additional probation conditions, or a probation revocation, which could lead to a tougher sentence. Additional conditions you might face may include:
- Extended probation time
- Additional fines
- Additional supervision, counseling, or treatment
- Longer driver’s license sentence
An attorney experienced and well-qualified in handling DUI convictions can not only help you reduce the charges, but can enable you to stay on track with your probation conditions, which reduces the risk of multiple violations. Once you face a judge two or more times, jail time is likely in your immediate future.
What options do I have if I violated probation?
If your probation is revoked, you have the right to challenge it. With the help of a criminal defense attorney experienced in DUI convictions and probation revocation hearings, the court may decide that the evidence provided by the probation officer is not satisfactory, and your current probation may stay intact.
I can also litigate on your behalf to make sure your circumstances are clear to the court, so that ultimately you can stay out of jail and move forward with your life.
Get Legal Representation Now
As a criminal defense attorney who has successfully fought for thousands of clients, I understand the impact of a DUI conviction and the resulting probation on your livelihood, your family, and your happiness. I firmly believe you deserve the most effective representation in court. I will work hard to minimize the consequences of your DUI probation, and in the case of a violation, I will fight to keep your DUI probation intact and incarceration at bay.
Instead of taking on the legal system alone, get help from an experienced criminal defense attorney who has been handling cases like yours for decades. Call 719-577-9700 set up a free consultation at my downtown Colorado Springs office to discuss your legal options. I can even meet you at the police station or in jail, if necessary.