Video – Attorney Kirk Tarman Explains How A Probation Violation Affects Additional DUI Arrests
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
“So let me ask you a question. We’ve got a probation period of one year. DUI. Nothing happens within that year. 370 days, he gets another one. Is that, would that charge, or with the severity of that charge, in the final resolution of that charge, that second one be different if it was ten days earlier?”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Not generally. Let me just go with, first of all, A DUI, you’re usually going to have three years…”
Ray Hrdlicka – Host – Attorneys.Media
“I meant…okay. Three years and one day.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Yeah, yeah, right? Exactly I understand. Well, look, they can’t charge you with a violation of your probation, if you’re one day after your probation expires. That…a violation of probation… you can basically be sentenced to the maximum amount of time that you could have had you been convicted of that charge, out of the gate. So, on a DUI, first time DUI, you can get six months in jail, if you violate probation. Basic. And then, obviously now, you have a second time DUI, but they can only…if it’s three years and one day, they can only try to get you on that second time DUI. Which is now, that’s one year, and there’s some mandatory jail time and things, but there’s a lot of flexibility there.
So the only thing it can really do is, first of all, since it’s within the ten years, see…the second time DUI is within ten years of the incident date of the first DUI, then they could call this a second, meaning that enhances it. But the fact that it’s three years and one day, the only thing that applies to is…whether the DA goes, ‘oh my God, this guy doesn’t learn his lesson’. Obviously, all second time DUI’s. And the fact that, you know that it was so close in time to the previous DUI, just three years. So… but again, there’s no, there’s no actual enhancement other than that you call it the second time DUI, third time DUI, fourth time DUI.”
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