Revocation of Probation

If you are convicted for DUI and it is your first offense you may be eligible for probation. In many states you will be eligible for probation if you do not have a criminal record. If you are on probation, you must follow the conditions of your probation.

The judge may require you to pay for and install an ignition interlock device on your vehicle as part of the probation. If this device detects alcohol in your breath, it will not allow the vehicle to start. Unless a judge revokes a probation, you must complete the full term of the probation. There is no good time credit for probation.

If you violate any conditions of the probation, the prosecutor may file a motion to revoke the probation. The motion sets out the specific condition that you have violated. The judge who original sentenced you will hear the motion and can issue an arrest warrant if appropriate. Arrested probation violators can be jailed without bond until a hearing.

At the hearing for revocation of your probation, the prosecutor must prove a violation of a condition by a preponderance of evidence. This standard is easier to meet than the normal proof beyond reasonable doubt requirement.

You will have the right to a lawyer and to call and cross examine witnesses. Generally there is no jury trial for revocation of probation hearings. The judge can leave on you probation, revoke the probation or add any new conditions from those allowable for the original DUI probation.