DUI Probation Consequences: What You Need to Know

DUI Probation – Other Financial, Insurance, and Driving Restriction Consequences

Rather than serving jail time for a drunk driving offense, judges can order the convicted defendant probation. However, probation has its own terms and conditions that must be strictly complied with, and which have its own financial, insurance, and driving restriction consequences depending on your state’s rules for first-time and repeat drunk driving offenders.

Jail is not the only possible consequence of being convicted of a drunk driving offense. Should probation be granted, there are usually other consequences that may include:

• Driving Privileges Restricted or Suspended
• Payment of Fines and Court Costs
• Penalty Points added to Your Driving Record
• Increase in Auto Insurance Premiums
• Payment For Attending DUI Traffic School
• Payment and Installation of Interlock Device Reduces Certain Job Opportunities

Probation – Jail Alternatives

Not every drunk driving conviction requires mandatory jail. Probation is often granted instead of jail so long as all the conditions of probation are satisfied.

Depending on the jurisdiction, your attorney might be able to work out an alternative to jail, such as community service, home monitoring, or work crew.

While not all jurisdictions offer such options, many states feel compelled to because of overcrowded jails and fiscal limitations.

Home Arrest

Ankle Monitor

Some jurisdictions will allow you to go to your job during the day so long as you return home and stay home after work and on the weekends.

The police can monitor your whereabouts by attaching an electronic bracelet around your ankle.

Court Ordered Interlock Device

Prevents Starting Your Vehicle

Interlock Device attaches to your ignition and requires the driver to blow into a mouthpiece which tests the driver’s breath alcohol concentration (BAC) before they can start a vehicle. Most interlock devices have both an installation charge and a monthly fee.

Community Service

Work In the Community Without Payment

Some jurisdictions will allow you to perform community service. In many states, this means going on a work crew without pay. There are many different types of community service programs depending on your jurisdiction.

The number of hours you perform community service is usually credited against the jail time you would have served.

Violations of your community service obligations can result in immediate incarceration for the term you would have had to spend in jail had community service not been offered to you as a term of your probation.

Usually Clean-Up Assignments

Many jurisdictions have some form of work crew program where you are ordered to work for the state without pay. A popular program is highway sanitation work. You report to cleanup crews and pick up trash for several days. The number of hours you perform work is usually credited against the jail time you would have for drunk driving.

License Restrictions- Suspensions – Revocation

Depends On Your DUI Conviction

If you have been convicted of a drunk driving offense, the court will report your conviction to the state’s department of motor vehicles. Each state has its own procedure for this.

Your local DMV office collects and provides detailed information on individual driving convictions received from the court and law enforcement. One’s driver’s record can be accessed by insurance companies, employers, and investigative agencies. A driver can have their driver’s license restricted, suspended, or revoked for several reasons.

In states like California, an alcohol-related reckless driving violation is considered the same as a DUI conviction related to DMV points on your driving record.

Excessive Number of Moving Violations

Depending on the number of moving violations a driver receives within a prescribed time (usually two years), the department of motor vehicles has the authority to suspend or revoke the person’s driving privileges automatically.

Having your driver’s license suspended is not only costly in fees and penalties, but your insurance company will almost always increase your insurance premiums or terminate your coverage.

Department of Motor Vehicle Point System

Point Systems Vary Depending on Your State

The number of points assessed for moving violations varies. For example, a speeding ticket may carry a penalty of two points, while driving with a suspended license could result in a penalty of three or more points.

Reinstatement of Driving Privileges

Getting your driving privileges reinstated is not an automatic process. You must carefully follow established reinstatement procedures to regain your full driving privileges.

Your driving privileges can remain suspended or revoked indefinitely, depending on the criminal conviction. This could occur if the accused has excessive drunk driving convictions, especially if it involved an injury or death.

Newly licensed drivers will always face higher insurance rates than established drivers who have been driving longer. One way to lessen the blow is to have someone with years of good driving add you to their existing policy. This ensures your premiums will be lower than obtaining them on your own.[/TroubleTip}

May Need to Purchase High-Risk Auto Insurance

While some insurance companies will not insure a motorist with more than one drunk driving record, other carriers will. But the premiums will be costly. Yet, some high-risk insurance companies are less expensive than others. Here are a few High-Risk Auto Insurance Companies that will insure first-time drunk drivers.

Points Effect Insurance Premiums

Insurance companies also check the number of points on an individual’s driving record. They will raise the driver’s insurance premium rates with each point received.

A drunk driving conviction will not only cost you money in fines, court costs, and fees; in most states, your car insurance company will be notified of the conviction by the Department of Motor Vehicles.

In addition, car insurance companies check the driving record of every new customer they sell car insurance to and routinely review the driving records of their existing customers. When the insurance company finds a conviction for a moving violation, your premium rates go up.

Suppose you have been charged and convicted or pled to a drunk or drug-impaired driving charge.

In that case, chances are your insurance company will increase your premiums by as much as 100% or more, or the insurance company might cancel your coverage altogether.

Unfortunately, in many states, a drunk driving conviction will remain on your driving record for several years. You can expect to stay classified as a high risk for at least five years when your driving record shows a Drunk or Drug-Impaired driving conviction.

No Points for Fix-It Tickets

Finally, you should know that non-moving violations and minor driving offenses will not result in points. This means parking tickets and fix-it tickets for things like broken tail-light will not add points to your DMV record, though you will still have to pay the fine.

Here is a sample of how the point system can work:

• Traffic violations such as speeding and failing to stop are worth 1 point.
• Accidents can be worth 1 point, assuming you were at fault.
• Hit & run or wet-reckless offenses are worth 2 points.

A Plea Bargain Can Result in Reduced Penalties and Points

Depending on your state, sometimes a criminal defense lawyer can plea bargain your plea down from a drunk driving offense to dry reckless, which is not an alcohol-related violation. Therefore, it will usually not carry as many points on your driving record. It will also not raise your insurance premiums as much.

Consult A DUI Criminal Defense Attorney

For more information on the different types of possible penalties and consequences resulting from a Drunk Driving conviction, contact a verified DUI Criminal Defense Lawyer in your state.