DUI Probation Violation: Requirements, Penalties, & FAQs

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If you have been arrested for first or second DUI offenses in Nevada, you already know that the sentences given by the court require many different components and can take a lot of time and money to complete.

If you are not a person who is usually in trouble or involved with the court system on a regular basis, the court may decide that you deserve a chance to redeem yourself and not be sent to jail.

The court may impose a sentence of probation instead of jail time.

DUI probation has unique conditions that are different from regular probation. These conditions can be quite extensive, and it is essential for the defendant to follow them precisely. Failure to do so may result in probation revocation and potential jail time.

Requirements for DUI Probation in Nevada

The requirements for completing DUI probation are different from those of probation for other crimes. If you have been on probation before, you may only have a few requirements to follow.

It’s important to note that probation is available only for first and second DUI convictions. If you are convicted of a third DUI offense, it will be considered a felony, and probation will not be an option.

DUI probation will require some or all of the following requirements to be completed:

• Mandatory DUI School and a MADD Victims Impact Panel Class 
• Random Drug testing if you are convicted of a DUI involving drugs
• Community Service Hours
• Substance abuse counseling or rehabilitation
• An ignition interlock device installed in any vehicle that you may drive for the probation period
• Regular probation meetings
• Not getting arrested or charged with another crime or DUI while on probation for the current charge

All fees associated with any of this set of requirements are to be paid by the defendant.

For example, random drug testing or an ignition interlock device are additional expenses that someone on probation for a DUI would incur besides the other fines and penalties.

What Happens if I Violate My DUI Probation?

Probation offers to give you a suspended jail sentence as long as you can complete all the requirements of the probation.

If you fail to comply with all or part of your probation, you will violate the probation. If you violate the probation the judge in your case may opt for one of three things:

1. Allow you to remain on probation with the same restrictions
2. Continue on your probation but with more restrictive conditions/ or
3. Revoke your probation and sentence you to jail time and/or fines. The jail time can be the maximum permitted for your previously suspended DUI offense.

Can I Contest the Revocation of My DUI Probation

Any person accused of violating their probation is given the opportunity to attend a probation violation hearing or a “revo hearing’.

These hearings are like mini-trials but decided only by a judge and not a jury.

If you are accused of violating your probation and required to attend a probation violation hearing, you have many of the same rights that you have for any other trial including:

• The right to present evidence
• The right to call and cross-examine witnesses
• The right to testify on your own behalf
• The right to be represented by legal counsel

It can be more difficult to succeed in a DUI probation violation revocation hearing compared to a typical criminal trial. In a criminal trial, the prosecutor needs to prove beyond a reasonable doubt that you are guilty.

However, in a probation violation hearing the prosecutor only needs to demonstrate that you violated your probation using the preponderance of evidence standard, which is a lesser burden of proof. This means that you, based on the evidence, more than likely violated one or more of the conditions of your probation.

This violation could lead to having to go to jail for an extended period so hiring an experienced DUI lawyer may be more important than when you first got arrested for DUI.

The Nevada Probation Revocation Hearing

Being charged with a probation violation is fairly easy for your probation officer to do if you violate any of the terms of your probation including:

• Fail to get signed off that you attended the required DUI classes or attend the victim impact panel given by MADD, and by not attending drug counseling requirements.
• Arrested again for another DUI while on probation for the previous one automatically violates your current probation status
• Missing any meeting or random drug tests appointments required by your probation officer

If you’re lucky, your probation officer will give you a chance to meet the requirements and remain on DUI probation. If not the officer will file a report with the DUI court that you have violated your probation and the court will schedule a revocation hearing.

The court will notify you in writing of the court date for your DUI probation violation hearing.

If the violations are considered minor like just missing your DUI school classes, the violation hearing can be resolved quickly.

Usually, they will give you a chance to fix the issues you have and attend the classes.

If the violation is from being arrested again for another DUI, your court for revocation may be delayed until your new criminal case is resolved either by being dismissed or you are found guilty.

What Happens if I Win My DUI Probation Hearing?

Most of the time DUI probation violation cases are hard for a defendant to win. But if by chance you do win your case in court, your DUI probation will continue as before, it will not be dismissed.

If you lose your probation violation hearing, the judge has the option to leave things the way they are and continue with the probation the way it is. The judge can also terminate your probation and send you to jail to finish your sentence. The third option is that the judge can make your probation terms harsher.

Even though you may have lost your violation hearing, an experienced DUI attorney can present evidence to keep your current probation status as is.

Accused of Violating Your Nevada DUI Probation? Call Us for Help

If you or a loved one has been accused of a violation of a DUI court-ordered probation, contact The Defenders for a case review. The Defenders experienced DUI defense teams have years of expertise in defending clients with DUI arrests and probation violation hearings.

We will fight all aspects of DUI from first contact with police until the last hearing with the court.

We have over 40 years of defending clients in Las Vegas.

The Defenders can help you by giving you all the possible outcomes available for your criminal case. Once we take your case we will start helping prepare the best defense against your DUI charges or your DUI probation violation charges.

You may think that a DUI arrest or a probation violation isn’t a big deal and you don’t need a lawyer, you couldn’t be more wrong. A DUI arrest can follow you for the rest of your life and a DUI probation violation could send you to jail so hiring an expert DUI lawyer is more important than you may think.

If you have been arrested for DUI or accused of violating your DUI probation and are facing a violation hearing call The Defenders for a consultation today.

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