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Got a DUI, question about probation. *California*

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SupraTT

Junior Member
What is the name of your state (only U.S. law)? CA

I am 20 years old and I got a DUI in August, currently attending the group classes issued by the court. (Not AA meetings)

My situation is this: I had a few drinks the night before class, showed up the following morning and completed the class, after wards one of the group leaders said the smelled alcohol from my breath. I took a breathalyzer and blew a .03.

What does this mean in terms of my DUI case?

Im currently on a 5 year probation(unsupervised), but I'm not sure of the terms.

Well I have to pay more fines? Take more classes? Also what happens if the probation is violated?
 


Some Random Guy

Senior Member
Blowing a 0.03 about 8 hours after drinking means that you are lying about it just being a few drinks.

What was your original sentence? Was it something like "6 months in jail with 6 months suspended and 5 years probation?" If you wondered at the time why they would issue a goofy sentence like that is because people violate their probation and the sentence is suddenly no longer suspended and they do the 6 months in jail.

Basically, you could just get a stern lecture or you could serve the full sentence. It all depends on your probation officer, the judge, the history of your case and your attitude.
 

SupraTT

Junior Member
Thank you SomeRandomGuy for the quick response.

My original sentence was 1 year suspended license, 3 month conviction program, AA meetings and a hefty fine, no jail time and 5 years probation unsupervised.

I was dismissed from the 3 month conviction, and was told that I would need to see a judge to be reinstated.


I tried to look up what my probation entailed, but all I could find was Section codes saying not to drink and drive otherwise the probation is violated.

But what else can i suspect to happen from this?
 

BigMistakeFl

Senior Member
What it means

I'm guessing, from my own experience in doing assessments in my county in my state. It most likely means additional classes and most likely further alcohol counseling. That's what I would advise, if you were sitting across the desk from me.
 

SupraTT

Junior Member
I'm guessing, from my own experience in doing assessments in my county in my state. It most likely means additional classes and most likely further alcohol counseling. That's what I would advise, if you were sitting across the desk from me.
Ya, I'm really hoping the repercussions will be something along these lines.
 

BigMistakeFl

Senior Member
My side

Again, I'm only stating what I think would happen from my position in the process. Your probation officer could see things differently and you could be hit with enhanced penalties.
 

garrula lingua

Senior Member
Cranky Judge = 30 days county jail

Normal Judge = stern lecture and an order reinstating you in an alcohol program


PS: the norm in CA is 36 months probation.
Why is yours 60 months ? (Bad sign - cranky Judge).
 

garrula lingua

Senior Member
Again, I'm only stating what I think would happen from my position in the process. Your probation officer could see things differently and you could be hit with enhanced penalties.
If it's a CA misdemeanor DUI (from the sentence, it is), there is no probation officer - it's unsupervised probation.
However, when you're kicked out of the alcohol program (as OP was), the program notifies the court, so OP has to go to court ASAP to get another referral to a program and hope the Judge isn't cranky.
 

Ohiogal

Queen Bee
Wow, so if i get a bad judge I could face possible jail time?!?
it wouldn't be a bad judge. It would be a judge who is fed up dealing with underage criminals who try to get away with working the system to commit more crimes.
 

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