how much a person can get for probation violation

[softvirgo]

What is the name of your state (only U.S. law)? California

in placer county. As per my previous posts my brother picked up third dui when he was on half way for his second dui probation. He already finished classess and paid all the fines and was having fulll license.

I am pretty sure he will be charged with probation violation. Does anybody can give a rough idea that how much they normally give for probation violation?

 

[softvirgo]

just trying to get an idea?

if anybody can give any rough estimate.

 

[PJ Weber]

He looking at jail time at least

Figure a minimum of 30 days, to a maximum of unknown

 

[HomeGuru]

What is the name of your state (only U.S. law)? California

in placer county. As per my previous posts my brother picked up third dui when he was on half way for his second dui probation. He already finished classess and paid all the fines and was having fulll license.

I am pretty sure he will be charged with probation violation. Does anybody can give a rough idea that how much they normally give for probation violation?

**A: tell him not to worry cuz he's going to a place where he can't drink no more.

 

[softvirgo]

I know he won't be worrying now, as there won't be no booze there

but i just wanted to know how much time he can get for it. May be in placer county they give 30 days or 60 days. It may be possibility that he will get some work release program for probation violation.

Yeah he is also worrying about how much time he will get for his third dui?

 

[softvirgo]

so senior members of this forum

Carl, FlyingRon, Homeguru and many more, can you guys five a rough idea about what he should be expecting for probation violation realistically. I mean does court just revoke all the probation and send the person to jail for all the remaining time or they have some fixed days like 30 / 60.

Also I am not sure but I have read somewhere that new charges sentence and probation violation can run concurrently.

Please suggest what you guys think.

 

[CdwJava]

Any time he has remaining on the books from any and all offenses previously convicted can be added to his time to be served. Yes, I believe they can run concurrently. Unless they intend to send him to prison for the third DUI, chances are he will do more than a year in county jail for all offenses ... with probation, again, at the other end.

He really needs to ask this of his attorney.

- Carl

 

[softvirgo]

carl do you really think they

are sending people to prison for third dui. That would be really really hard for him. I know the remaining time can really be added after probation revokation but going to prison for third dui is really really scary.

But as per you experience, what do you think any da or judge normally gives for probation violation. I know minimum of third dui is 120 days, so it would be probably more than that.
But for for probation violation don't they just add 30 or 60 days on top of it and reinstate probation. I mean if they really want to do they can do anything, but if you can give some realistic idea.

Also have you ever came across any case where a person for third dui has gone to prison or served more than 1 year in county jail.

he alread hired an attorney and they r working on his case but he is scared to death of going to prison on this one.

Please suggest

 

[RealAmerican]

First DUI offense
Probation

Fines & Fees

Driver License

DUI School

Jail Time
3 to 5 years of Court Probation

A fine, including court fees and costs of $1400 to $1800

6 month loss of California Driver License

DUI (Driving Under the Influence) School

MANDATORY JAIL TIME
This means no probation officer to report to, but absolutely no drinking and driving during that time period.

This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.

As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school.

Depending on your Blood Alcohol Level DUI school may be as low as 12 hours or as much as 45. This is dependant on your attorney as well. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

There is a required 48 hours of jail time on a first offense DUI. It is possible to have this time converted to work service.


Second DUI Offense - Penalties & Punishments
Probation

Fines & Fees

Driver License

DUI School

Jail Time
3 to 5 years of Court Probation

A fine, including court fees and costs of $1800 to $2800

2 Year loss of California Driver License

DUI (Driving Under the Influence) School

MANDATORY JAIL TIME
This means no probation officer to report to, but absolutely no drinking and driving during that time period.

This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.

As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school. Your lawyer may be able to obtain a restricted license for you after ONE YEAR. You will also have to install an ignition interlock device (breath testor) on your vehicle.

This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

There is a required 96 hours of jail time on a second offense DUI. It is possible to have this time converted to work service. Many counties will insist on at least 10 days of jail. some require 30.


Third DUI Offense - Penalties & Punishments
Probation

Fines & Fees

Driver License

DUI School

Jail Time
3 to 5 years of Court or FORMAL Probation

A fine, including court fees and costs of $1800 to $2800

Up to 3 years loss of California Driver License

DUI (Driving Under the Influence) School

MANDATORY JAIL TIME
Court Probation means no probation officer to report to, but absolutely no drinking and driving during that time period.

Formal Probation means reporting to a Probation Officer on a regular basis.

The court decides which type of probation to give based in part on what your lawyer has to say on your behalf.

This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.

As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school.

This will be for 18 months. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

There is a required 120 days of jail time on a third offense DUI. It is possible to have this time converted to some alternative such as home arrest, rehab or some combination of these. Many counties will insist on at least 210 days of jail - some counties require a full year.