Conviction of a DUI will result in 5 years of supervision by the court’s probation department. If you are placed on probation the court has suspended all or a portion of your sentence in exchange for your compliance with certain conditions during this five year time period. The court will impose mandatory conditions required in all DUI cases and the court may impose discretionary conditions the court finds appropriate in a given case. Mandatory Conditions include:

1) No Driving a Motor Vehicle Without a Valid License to Drive and Proof of Financial Responsibility
(SR-22 or Equivalent)

2) No Driving a Motor Vehicle Within This State After Having an Alcohol Concentration of .008 or More
Within 2 Hours of Driving

3) No Refusing to Submit to a Test of Breath/Blood Upon Request of Law Enforcement Officer With Reasonable Grounds to Believe Driving or In Physical Control While Under the Influence.

For each violation of a mandatory condition of probation the court must order you to be confined for 30 days and suspend your license for 30 days or an additional 30 days if your license is already suspended/revoked.

The court may also impose additional discretionary conditions. Punishments for these violations are at the discretion of the court. Discretionary probation conditions include:

1) Completion of an Alcohol Evaluation and Completion of Any Recommended Treatment

2) Complete/Attend a DUI Victim’s Panel

3) Refrain from All Use of Drugs or Alcohol

4) Commit No Criminal Law Violations

5) Commit No Alcohol Related Violations

6 )Installation of Ignition Interlock Device

7) Payment of Fines and Court Ordered Legal Financial Obligations

8) Supervised Probation If compliance with drug/alcohol treatment is a condition of your sentence then your treating agency will report any instances of non-compliance to the probation department.

If confinement is ordered, you will have to pick a reporting date and turn yourself into the county jail on that date. If alternatives to confinement such as work crew, work release, or Electronic Home Monitoring are imposed, you will also have to comply with the conditions of the program and complete the term ordered by the court.

If you go the entire probationary period without violating any of the court’s conditions then the suspended portion of your sentence and fine will be waived. If the probation department or court learns you have violated a condition of your probation, a review hearing will be set. If the court finds a violation has occurred the court has the discretion to impose 30 days for each violation. The court will also have the discretion to impose the suspended portion of your sentence and fine.

The type of supervision that is required will be decided by the court. There is active probation in which the probation department assigns an actual probation officer to whom you must report. There is also “record check” probation in which a member of the probation office will simply look up your record of criminal offenses and traffic infractions every couple of months to determine if you have any new convictions for offenses or major moving violations.