DUI Probation Under Georgia DUI Laws

By: DUI defense lawyer and Ex-Cop Cory Yager, Top-Rated Criminal Defense Attorney and Atlanta DUI Book co-author

DUI Probation in Georgia is part of virtually every DUI plea or jury trial conviction for driving under the influence. The reason for this article about being on probation for DUI is that probation is mandatory under OCGA 40-6-391, the DUI statute in Georgia.

When does probation start for a DUI? Immediately after sentencing, the person is on probation. On more than one occasion, some clients assumed that they had a week or two to not comply, and (unfortunately) spent time in jail after being caught on the Saturday after a Thursday court case, where the DUI was reduced to reckless driving.

VOP DUI definition. Let a proven DUI expert attorney from our DUI law firm try to find a way to keep you OUT of jail for a VOP in Georgia (violation of probation). Don't risk 30 days to 120 days in jail by hiring an inexperienced courtroom attorney.

What is probation? A probated sentence is a convicted person’s chance to remain out of jail after a conviction, if he or she does not violate the law again and complies with the DUI probation conditions. Probation in a criminal case (as part of the sentence) is allowed by a judge to a person convicted of DUI. This more favorable disposition (instead of the person being sent to jail or prison) is an "act of grace" by the sentencing judge.

Can you drink while on probation for DUI? No. Never once have our attorneys for DUI seen s DUI sentence that did not ban alcohol or non-prescribed medications.

Being “on probation” entails having restrictions on behavior or habits that could result in you being back in trouble. In all GA courts, for a DUI in GA, a ban on consuming alcohol in any amount is the rule. Many probation officers now use text messages to notify their probationers to show up for a random screening.

Can you travel while on probation for DUI? So, restrictive terms and conditions like “no use of alcohol at all” should be expected. Other conditions of the plea setting probation rules for DUI include completing DUI community service hours and attending a risk reduction course (DUI school) are common.

Can you get probation for a DUI, and no more jail time? Yes, this is commonly done in various courts, on first offense DUI cases. This is especially true after the recent COVID epidemic. Probation instead of straight jail time is a matter of the judge’s discretion. Often a DUI sentence is “part jail time with the balance to be served on probation”.

How long is probation after a DUI? In the Peach State, the very minimum for misdemeanor DUI probation is 12 months, minus any days the person served on the day or night of arrest. But how long is probation for first DUI can vary, if other serious charges (as part of the same arrest) added a consecutive 12 or 24 months to your total sentence. Hit and run is one common additional charge, and sometimes reckless driving.

What does DUI probation consist of, in a typical 1st offense DUI case? Random screens (blood, breath or urine) plus monthly urinalysis when you go see the probation officer. Complete any treatment recommended and don't have any DUI probation interlock violations.

The range of DUI probation violation consequences. Violation of probation terms after a drunk driving conviction will usually result in a revocation of all or part of the remaining probation period. On a first DUI probation violation, you may be given a written notice and will remain out of jail until the hearing. community supervision

EXCEPTION: If you are in a DUI Court program, the probation officer may give you no notice and have you arrested immediately, after a positive urine test as part of your random or scheduled Georgia DUI probation drug test protocol.

In other situations, you are arrested, and remain in jail until your hearing takes place. If you lose this hearing, you may spend the remaining time of your probated sentence in jail or in some other form of detention, like home detention, or wearing an ankle monitor for alcohol or a GPS monitor, or immediately installing and paying for an ignition interlock device.

How much jail time for DUI probation violation? If the Judge finds a violation of probation has taken place, this means you will be sent to jail for all or part of your remaining probation term. In defending such cases, it is extremely important to hired experienced criminal attorneys near me for fighting being sent off to jail. Your best bet to remain out of jail is the best DUI lawyer in your local court area.

“Intensive probation” is a term used to describe very strict and harsh reporting and compliance for multiple DUI offenders. Georgia’s DUI Court program is a statutorily approved example of “intensive probation.’

Many courts are starting to utilize intensive probation to control every aspect of repeat DUI-DWI offender’s lives. Compliance with all these terms is extremely difficult for some repeat DUI offenders, due to a loss of work time and the inability to drive a vehicle in many cases.

DUI probation should be considered a gift from a judge since he or she could have sent you to jail for the entire sentence. Typically, probation is a non-jail alternative if you comply with all of the following probation conditions:

• Pay fines and do all other conditions such as DUI community service
• Attend DUI class at a DUI school
• Get alcohol and drug evaluations and treatment
• Not violate any laws while on probation
• Abstain from drinking any alcohol
• Follow through with any other court-ordered conditions
• Report regularly to your probation officer

Probation vs parole. You rarely ever hear of a DUI parole violation, after serving most of a prison sentence. So, probation is not the same as “parole,” which is a term describing “conditional” freedom after a lengthy jail term under certain restrictions.

What happens if you get a DUI on parole for an older non-DUI crime? In the few instances where our lawyers have a parolee hire us for a new DUI arrest, the usual process is for the parole officer to wait on the outcome of the case. A dismissal or acquittal of the DUI charge results in no negative sanction. A negotiated plea to a less charge often has the same outcome, but it depends on the parolee's prior sanctions, if any.

Parole refers to the jail release given to convicted felons at or near the end of their imprisonment period that conditions their freedom upon getting a job and staying out of other legal trouble. In fact, if our law firm gets such a call, our legal professionals refer it out to those few attorneys who have good connections to the Parole Board.

If you violate your parole and face parole revocation, it is likely that you are going back to prison. BUT you still need expert legal representation to minimize time incarcerated. While you still can, pick up the phone and call a well-known, highly qualified DUI lawyer in your area.

Your initial FREE consultation can tell you what to expect, and what to start doing before any hearing takes place. Do not merely look for a law firm near me, or a cheap attorney. Call today for your FREE lawyer consultation at (404) 567-5515 anytime day or night.

Our attorneys in Atlanta have collectively handled over 10,000 DUI cases, but most of our clients are on probation for reckless driving, and not DUI. Thankfully, not very many have had probation violations. When they do, they call us.