Jail time for violating my probation with a DUI?

[alleincali]

If I got a DUI in California, and violated my probation, will I likely have to do jail time? (I am in Santa Clara County)

I got the DUI for sleeping in my car with the heater on (keys in the ignition) and stupidly admitted to the police that I had driven down the street from a bar and parked (I was trying to get a way from a violent, drunk boyfriend who was banging on my car windows). Though the police did not catch me while driving.

Also I have a bad record, including petty theft, and 2 charges for assault with a deadly weapon. One of the latter included my probation, and I was told that I could be facing up to a year in jail for a violation. (don't need repremanding, I can do that myself. But legal advice would be helpful, thanks!)

 

[CdwJava]

If I got a DUI in California, and violated my probation, will I likely have to do jail time?

It is a distinct possibility. But, no one hear can say with any certainty what the practice might be in an unknown county with unknown probation officials and unknown courts.

I got the DUI for sleeping in my car with the heater on (keys in the ignition) and stupidly admitted that I had driven down the street from a bar and parked (I was trying to get a way from a violent drunk boyfriend). Though the police did not catch me while driving.

Apparently it was enough to get you convicted.

Also I have a bad record, including petty theft, and 2 charges for assault with a deadly weapon. One of the latter included my probation, and I was told that I could be facing up to a year in jail for a violation.

Sounds like maybe you need that as a wakeup call. You don't seem to be getting the message so far.

 

[davidmcbeth3]

If I got a DUI in California, and violated my probation, will I likely have to do jail time? (I am in Santa Clara County)

I got the DUI for sleeping in my car with the heater on

Tip: they do not need to catch you driving for a DUI .. even having your keys could result in your arrest...

You may get jail time or an extension of probation ...

Quit drinking is your solution ...

 

[janellelk]

most likely you will be charged with a PV and depending on your county and judge, you will be violated and have to serve the time held over your head for your first DUI.

Good luck! Contact an attorney is my suggestion.

 

[xylene]

How many violations do they have you on?

DUI is one.

Were you also not supposed to be drinking?

This is a serious situation - people pull jail just for a DUI sometimes.