How Much Jail Time for a DUI Probation Violation?

In Colorado, violating your DUI probation is a big deal. There are two main ways people violate probation:

1. Doing something they shouldn’t (new crime, positive UAs)
2. Not completing their terms of probation (classes, community service, etc.)

If you are facing revocation on a first-time DWAI charge in Colorado you are facing up to 6 months in jail. On a misdemeanor DUI charge you are facing up to a year in jail. Felony DUI cases carry 2-6 years in prison.

Keep in mind, that these are not what you should expect to receive as a sentence if you violate DUI or DWAI probation. The actual revocation penalties vary widely from case to case. Each judge handles their violations differently, and the severity will vary based on the nature of the violation.

Keep reading to find out how much jail time for DUI probation violations you might face.

DUI probation violation

Probation violations depend on the original sentence the judge gives you at the hearing.

For example, you may have to go to therapy, community service and drug classes. You have to meet with the probation office at specific times. You must participate in these activities or you will violate your probation.

You can also get penalties for probation after DUI if the court charges you with another crime. In Colorado, probation violations are divided into two categories: Technical Violations and Substantive Violations.

1. Technical Violations: These occur when you fail to follow the specific conditions the court set for you to avoid jail time. In Colorado, DUI cases often involve these common technical violations:

• Failure to Pay Fees: Not paying court fines or the $50 monthly supervision fee will get you a violation.
• Incomplete Community Service: Not completing the required hours of community or “public” service the court assigned causes a violation. This is typically 24-96 hours of UPS (useful public service)
• Skipping DUI Education Programs: Not attending or finishing Alcohol Education is a big violation. Classes start at 12 weeks (Level 2 Education), to therapy TRACK A (42 hours therapy), TRACK B (52 hours), TRACK C (68 hours therapy) , or even “4 plus” for fourth or greater DUIs.
• Missing Victim Impact Panel: Another reason is missing a 2-hour session hosted by MADD. This is referred to as MADD VIP.
• Incomplete Rehab or Medication: Not completing mandated rehab or neglecting prescribed medication like disulfiram (Antabuse) for alcohol treatment.
• Failed Drug or Alcohol Tests: Missing, failing or tampering with urine analysis tests (“hot” or diluted UAs) or failing breath tests on an ignition interlock device (known as a “hot BA”).
• Not Reporting to Probation Officer: Not checking in with the probation officer (PO) regularly or not informing the PO of changes in residence or employment.
• Leaving the State without Permission: Traveling outside of Colorado without permission from the probation officer.

2. Substantive Violations: These are also called “new law violations”. These are new offenses committed while on probation. If arrested for another crime, you not only risk your current probation but can also get additional criminal charges and revocation.

What is a DUI Probation Violation?

A DUI probation violation in Colorado occurs when you fail to follow the specific conditions of your DUI offense probation. Every probation agreement has specific conditions. These violations can be severe and result in probation revocation and additional jail time.

Here is what constitutes a DUI probation violation:

Failure to Comply with Court-Ordered Conditions

• Non-attendance at Mandatory Programs: Missing court-ordered programs like substance abuse treatment, anger management classes or victim impact panel.
• Failure to Pay Fines and Fees: Not meeting financial obligations like court fines, restitution or probation fees will get you a violation.
• Non-Completion of Community Service: Not completing the required community service hours will get you a DUI probation violation punishment.

Substance Abuse-Related Violations

• Positive Drug Tests: Testing positive for illegal substances or alcohol is a big violation even if consumed outside of Colorado.
• Failure to Attend or Complete Treatment: Missing or not completing court-ordered substance abuse treatment programs is a violation.
• Possession or Consumption of Illegal Substances: If authorities find you with illegal drugs, it can get you revoked.

Driving-Related Violations

• Operating a Motor Vehicle without a Valid License: Driving without a valid Colorado driver’s license, especially if it was revoked due to a DUI conviction, is a violation.
• Driving under the Influence (DUI) While on Probation: A new DUI arrest, even if charges are dropped, can be a violation.
• Violating Other Traffic Laws: Repeated traffic violations like speeding or reckless driving are a violation.

Jail Time for DUI Probation Violation

Several factors determine the jail time for a DUI probation violation in Colorado. The severity of the violation, your criminal history and the judge’s discretion all come into play.

• The severity of the violation is a big factor. A minor violation like missing a meeting with your probation officer might get you a warning or minor extra condition. But a more serious violation like a new DUI arrest or a positive drug test could get you significant jail time. For example, a new DUI conviction while on DUI probation, will be looked at differently than a shoplifting violation.
• The offender’s criminal history is also a factor. If the offender has a history of DUI’s or other criminal convictions, the judge may give a harsher sentence for the violation. It’s because the offender has shown a pattern of disregarding the law and is a danger to society.
• How much jail the Judge originally suspended at sentencing. If they suspended a specific amount ex. 10 days, that might give you an idea of what to expect.
• The judge’s discretion is also a big factor. The judge will consider all the facts of the case including the severity, criminal history and mitigating circumstances. The judge may also consider the offender’s remorse, their willingness to participate in rehabilitation programs and their rehabilitation potential.

But the specifics of your case will determine the sentence. If you’re facing a DUI probation violation and wondering how much jail time for a DUI probation violation you can get in Colorado, talk to an attorney to know your rights and options.

This is where a local attorney who is often in that court can tell you what to expect. Remember, there is a lot of discretion on the part of Judges when it comes to sentencing for probation violations. A Judge in Colorado Springs might handle a case differently from one in Pueblo or Denver. Even Judges in the same jurisdiction will handle cases differently.

How Much Jail Time for DUI Probation Violation Can You Get?

Colorado takes DUI probation violations seriously. You can get additional probation or jail time if you violate your probation. Now you’re wondering how much jail time you can get for a probation violation in Colorado.

For minor infractions you might expect minor consequences: maybe extra community service or other conditions added to your probation, extended probation, or being put on zero tolerance. Depending on the Judge though, they may not consider as “minor” the same violations you consider as “minor”.

But if the alleged violation is more serious, the Judge might revoke your probation and reinstate it under stricter conditions. This can include a jail sentence. The judge can also revoke and close probation and impose jail time as a penalty.

These penalties affect you and can impact your family and personal life deeply. Even technical violations—like missing a check-in or not completing mandated tasks—can have big consequences.

Talking to a good DUI lawyer can be huge in defending your case. A Colorado DUI lawyer can cover ways you might be able to beat the revocation, or minimize the consequences if you are revoked. They can also advise you and help you navigate the system better.

Can You Get Out of Jail for a DUI Probation Violation?

In Colorado it is possible to avoid jail on a DUI probation violation. But it depends on the severity of the breach, your criminal history and the judge’s discretion. When you get probation for DUI you can get out of jail if you follow the court-ordered conditions.

It may include keeping a clean driving record, submitting to drug tests and attending DUI and substance abuse treatment classes. If you violate, there can be big DUI probation violation consequences.

Here are some ways to get out of jail:

1. Successful Completion of Rehabilitation Programs

• Complete court-ordered rehabilitation programs like drug or alcohol treatment.
• Show a genuine effort to address the underlying issues will help your case.
• Complete community service hours the court has ordered.
• It will show the court you’re willing to do something positive for the community and take responsibility for your actions.

2. Strictly Follow Probation

• Follow all the terms and conditions of your probation including regular check-ins, drug testing and no alcohol or drugs.
• Any violation of probation can get you harsher penalties so strict adherence is key.

3. Talk to a Good Lawyer

• Consult with a criminal defense attorney who specializes in DUI cases.
• A good lawyer can fight for you, negotiate with the prosecutor and present your mitigating factors to the judge.

Steps to Take After a DUI Probation Violation

If you’ve violated your DUI probation in Colorado, you need to act fast to minimize the consequences. Here’s what to do now:

1. Talk to an Attorney Now

Find the best DUI lawyer to get legal advice and represent you in court. They can explain the charges and penalties for DUI probation violations so you can develop a solid defense.

2. Work with Your Probation Officer

Be cooperative with your probation officer and let them know you are willing to do what is needed to get into compliance. It can help you build a good relationship and maybe reduce the consequences.

3. Collect Evidence for Your Case

Do you have evidence to mitigate your violation like medical records or witness statements? If so, then get and present them to your lawyer. These pieces of evidence can help the judge go easier on you.

4. If Any Of Your Terms Aren’t Completed Yet, Get Them Done ASAP!

Even if it’s late, you will be in a much better position at a DUI probation revocation hearing if your terms/conditions are complete. In El Paso County, my experience has been that Judges want to work with people to complete the terms of their probation. Most judges want to see you be successful and complete probation. I find it very rare that a Judge wants to revoke and reinstate or revoke and close with jail time if the terms are all complete.

5. Show Up to All Court Hearings

Showing up to all court hearings is crucial even if you don’t think you need to. Not showing up can get you a warrant for your arrest.

6. Prepare for Consequences

Even if you are able to minimize or avoid jail, be prepared for other consequences like longer probation, fines, community service or additional rehabilitation programs. Taking proactive steps and working with your lawyer can get you a better outcome.

Talk to a DUI Lawyer Now

Just because the DA or probation officer has filed a motion to revoke probation, that doesn’t mean you can’t beat the revocation or at least minimize the penalties.

You still have a chance to prevent your probation from being revoked or any other consequences. You are entitled to a hearing where you can present evidence that you did not violate probation.

Criminal defense and DUI lawyers know the way to navigate these situations and how to respond to a motion to revoke or a complaint and report from a PO.

Josh McDowell has been defending his clients on probation revocations for many years. It’s never easy to beat a probation violation charge. McDowell Law Firm will work with you to find solutions for the best possible outcome. Call us or visit our website to schedule a free consultation.

Frequently Asked Questions

1. What happens when you violate probation in Colorado?

In Colorado, violating DUI probation is a big deal. It has many consequences including more jail time, fines, community service and even probation revocation. If your probation is revoked you could have to serve a suspended sentence.

If you violated your DUI probation, talk to a DUI lawyer. They can guide you on what to do and represent you in court if needed.

2. What happens if you miss a UA on probation in Colorado?

Missing a UA on probation in Colorado is a violation and can have big consequences. Depending on the circumstances and your probation officer’s discretion, the consequences can be:

• More frequent drug tests
• Mandatory drug treatment or counseling
• Probation revocation and jail time
• Fines or community service

3. What’s the most common type of probation violation in Colorado?

The most common type of probation violation in Colorado is a technical violation. It’s when someone on probation fails to comply with the specific terms and conditions of their probation. For example, they miss a meeting with their probation officer, fail a drug test or violate a curfew.

McDowell Law Firm has lawyers who can help you fight probation violation charges and defend your rights. Call us today.

4. How long is probation for DUI in Colorado?

The length of DUI probation in Colorado depends on the facts of your case. It includes the number of prior DUIs and the severity of the current DUI. First time offenders typically get 1-2 years of probation and repeat offenders 2-4 years.

Need a DUI probation violation lawyer in Colorado? Call McDowell Law Firm now.

5. How much jail time for DUI probation violation can you get?

In Colorado, the jail time for a DUI probation violation is up to 1 year. 6 months on a first DWAI charge. Remember, it depends on how serious the probation violation, and the Judge’s discretion, when determining the penalties. Picking up a new DUI charge is much more severe, than say, missing a UA or being a few weeks overdue on community service.

The post How Much Jail Time for a DUI Probation Violation? first appeared on McDowell Law Firm.

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