DUI Probation in Denver – What to Expect

August 08, 2014
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jailEvery year, countless drivers get arrested due to Driving Under The Influence of Drugs or Alcohol cases. This criminal offense is known as “DUI.” Consequently, the charged individual faces multiple consequences if proven to be guilty of DUI offense. Among all the existing penalties, drivers are mainly upset about losing their rights as drivers or being sent to the jail.

In Colorado, the court judge can sentence a DUI convicted person to probation, rather than being imprisoned. While the person may avoid being in the jail, probation will likely impact his life because of the suspension of his driver’s license and sentencing him to jail.

If you are a law violator and you’re under DUI probation, the court judge will determine the particular conditions you will fulfill. You will be involved in doing community services, getting counseling, acquiring education on driving and completing program on substance abuse. A probation officer will be assigned to you and you will pay him while you’re being supervised.

Aside from this, you are also obligated to give information about the changes in your personal information like your phone number, new residential address, work and travel plans. In most cases, you are not permitted to go outside the jurisdiction of the court or have outside travel without the consent of the probation officer.

In spite of the conditions of your DUI case, you are obliged to fulfill the Colorado jurisdiction law while you’re under probation. Violation of this law will cause the court to revoke your probation and then sentence you for higher penalties. Similar consequence will be imposed if you did not comply with the probation’s terms and conditions.

If you have a suspended driver’s license, for instance, and you are still caught in driving, you will get more serious penalties from the judge. You’ll get worse penalties if you unconsciously forget your meeting with the probation officer or if you failed to give him your new contact details.

Probation Following a DUI Conviction

Typically, a DUI conviction involves probation. This is designed to discourage any repeat behavior making sure that the probationer doesn’t get involved with any other charges. If you got arrested for another crime while on your probation period, you will be revoked of your probation. Here are the common conditions of probation when you are faced with DUI sentence:

1. Revocation, suspension or limitation on the driver’s license

The court permits restriction driving on allowed hours, assigned routes, occupational routes plus other related controls. For other probationers, driver’s license is revoked and arrangement of transportation is required. Due to the federal law, there’s a revocation of commercial license for 5 years. As a result, the driver will lose his job.

2. Chemical dependency or substance abuse counseling and education

There’s a need to attend formal classroom and different levels of group and personal counseling. These are required by the law for the DUI probation. Typically, these conditions are imposed within the period of 6 months up to two years.

3. Irregular or randomized sobriety examination on substances

All courts nowadays do impose the unpredictable form of testing. They also require the continuing contact with the probation official that will check sobriety and the compliance with the release conditions.

4. Right behavior during the probation

The court in Denver sets on conditions resulting to a revoked probation if there’s other traffic violation that follows, or if there’s any kind of criminal offense. If the probationer goes against the probation, he will be prosecuted both for the violation on the probation of former conviction and with the new offense charged to him.

5. Use of SCRAM device

SCRAM means Secure Continuous Remote Alcohol Monitor. This device is a bracelet worn around the ankle designed to examine the amount of alcohol. This tamper-resistant bracelet is given when the person has multiple DUI cases or alcohol addictions.

6. Costs, fees, fines and restitutions

The Court in Colorado usually requires DUI case probationers to pay additional costs and court fines. There will be fees on monitoring device, sobriety testing cost, restitution for vehicle towing, overtime of the police officer who testifies, and time used inside the jail while waiting for the first appearance in the court.

DUI probation compliance terms

Proofs of completion of all terms are important for the probation. Regardless of what DUI probation conditions the court judge may enforce, you are compelled to show the following:

  1. evidence of enrollment
  2. the completion of all or any classes you have attended
  3. MADD (Mothers Against Drunk Driving) panel conditions
  4. records on community services
What happens if you fail to do the probation terms?

If this happens the judge will issue the bench warrant of arrest. Such bent warrant will authorize the law enforcement in locating, arresting and taking you to the judge. Aside from this, the moment you appear in the court, the judge will provide you brief hearing. This is the chance to show that you didn’t violate the probation terms and conditions. If you declare your probation violation or lose the hearing, you will be sentenced by the court for disobeying the probation terms and conditions. While DUI probationers may have the rights for a hearing, in many cases, this is only a waste of time in Colorado jurisdiction.

Conclusion

As you can see it, one of the worst sentences a person may face is the DUI probation. This occurs if he’s convicted of driving under the influence of alcohol or drug (DUI) case. Therefore, it is best to avoid this sentence by dismissing the charges brought to you as early as possible. With an appropriate defense lawyer, you can make a positive argument that will support your trial defense to avoid conviction.Find a professional DUI defense attorney who will work on your behalf. Such lawyer can offer you his skills and experience to defend your lawsuit. Call an expert lawyer immediately if you are charged with unexpected DUI case.