If you are convicted of a nonviolent criminal offense in Arizona, there is a possibility that you will receive probation instead of having to go to jail. Probation allows a person to serve their sentence outside of jail. While on probation, you must comply with certain conditions, which typically include not committing any other criminal offenses and refraining from using drugs and/or alcohol.
If you get a driving under the influence (DUI) charge while on probation, there is a good chance that it will be considered a probation violation. Your probation officer can file a petition to revoke probation, and you may be sent to jail or have more restrictions placed on your probation, on top of any penalties for a DUI conviction. Our experienced Arizona criminal defense lawyers can represent you on both the DUI and the probation violation charges.
With offices in Tempe, Apache Junction, and Parker, Matthew Lopez Law fights for the rights of clients charged with DUIs and other criminal offenses throughout Arizona. We understand the stakes of a criminal charge and work hard to help our clients get the best possible outcome for the charges against them. Reach out to our law firm today for a free consultation with an Arizona DUI defense attorney.
Understanding Probation
Probation is sometimes an option as a sentence in a criminal case. It offers an alternative to prison or jail for the person convicted of a crime while allowing for monitoring by the criminal justice system. It is typically only an option in cases where the defendant is considered low-risk.
There are 3 types of probation in Arizona:
- Unsupervised probation is only an option for minor misdemeanors or petty offenses. A person has to follow the probation terms, but does not have to check in with a probation officer.
- Supervised probation is the most common type of probation. It requires a person to regularly meet with a probation officer, complete community service, and/or go to counseling sessions.
- Intensive probation is the strictest type of community service, where a person can usually only go to work and school. They also must report to a probation officer.
Not all crimes are eligible for probation. This includes dangerous offenses, drug possession with the intent to sell, dangerous crimes against children, and theft over a certain threshold. The option of probation will depend on the facts of the crime, but most non-dangerous first-time offenses will be eligible for probation.
In addition to supervision, a person on probation has to agree to terms of probation. While judges have discretion in deciding on these terms, common conditions include:
- Not committing another criminal offense while on probation;
- Submitting to random drug tests;
- Abiding by a curfew;
- Not associating with certain people (typically people with criminal histories);
- Giving up alcohol and/or drugs;
- Performing community service, and
- Checking in with a probation officer.
Depending on the seriousness of the crime, probation may be for anywhere from 1 to 7 years. For DUI, the presumptive probationary period is 5 years (10 years for an aggravated DUI).
Probation terms can be long, spanning multiple pages. It isn’t unusual for a person to just glance at their probation terms, relieved that they aren’t being sent to jail, and ready to move forward with their life. Understanding the probation conditions is critical to ensuring that you don’t violate them and end up in jail.
Keep in mind that probation is essentially a privilege that allows you to remain free while serving your sentence (even with strict conditions or ankle monitoring). If you violate your probation in some way – especially by committing another criminal offense – then you stand a strong likelihood of losing that privilege. Should that happen, you will need an aggressive Arizona criminal defense lawyer.
What Happens If I Get a DUI While on Probation in Arizona?
When a person is sentenced to probation, they must agree to comply with the conditions imposed by a judge. Generally, probation is a good outcome for many defendants in criminal cases – at a minimum, it is better than having to go to jail or prison.
However, probation terms are usually pretty broad, and a violation can bring serious consequences. If you are arrested for or convicted of a DUI while on probation for another offense, then you may face serious consequences. This can include being sent to jail to complete the original sentence or having additional terms added to your probation.
If your probation officer learns that you have violated a term of your probation, then they will file a Petition to Revoke Probation and issue a warrant for your arrest. You will then be held in jail to await your probation violation hearing. At this hearing, the prosecutor will present evidence of the alleged violation, such as the police report, blood test results, and/or testimony from the arresting officer for your DUI.
There is a lower evidentiary standard for probation violations – the prosecutor only has to prove that you violated your probation by a preponderance of the evidence. If a judge finds that you violated your probation, then they will either revoke your probation or reinstate your probation with additional, more strict terms. If your probation is revoked, then you will have to serve your original sentence in jail or prison.
Committing a criminal offense while on probation is known as a Term 1 violation. Because not committing a criminal offense is considered the most important probation term, Term 1 violations usually result in revocation. An Arizona criminal defense lawyer can represent you at the probation violation hearing and advocate for you to remain on probation with stricter terms.
On top of the probation violation, you will also be facing a criminal case for your DUI. For a first-offense DUI, you could be sentenced to a minimum of 10 days in jail, plus at least $1,250 in fines, a 90-day driver’s license suspension, and the installation of an ignition interlock device (IID) for a year. This sentence will be on top of whatever penalties you are facing for the conviction that was the basis for your probation.
If you are currently on probation for a DUI, then your DUI will be considered a second, third, or greater offense DUI. The penalties for a second offense DUI are much higher in Arizona, including a minimum of 90 days in jail and at least $3,000 in fines on top of a license suspension and an IID. A third or greater DUI offense will lead to a sentence of at least 4 months in Arizona state prison, at least $4,000 in fines, a 3-year driver’s license suspension, and an IID for 2 years.
Getting a DUI while on probation will almost certainly mean that you will be dealing with two separate criminal cases for the probation violation and for the DUI. It can also mean much more serious consequences. Our seasoned criminal defense attorneys can represent you in both matters and help you get the best possible outcome.
Help for People Facing DUI Charges
If you are on probation for a criminal offense in Arizona, it is critical that you understand exactly what your probation terms are. Any violation of your probation, particularly committing a crime such as DUI, can lead to you serving out your original jail or prison sentence. Our law firm will advocate for your interests and help to protect your legal rights.
Matthew Lopez Law offers zealous legal representation to people charged with DUI and other crimes in Arizona. Whenever possible, we work to get the charges against our clients reduced or dismissed. To learn more or to schedule a free consultation with an Arizona DUI defense lawyer, give our law offices a call at 480-608-9998 or fill out our online contact form.