Colorado Springs DUI Probation Violation Lawyers
The State of Colorado imposes tough penalties for DUI convictions including jail time, fines, and a permanent criminal record that will never go away. Probation will be imposed, except in rare circumstances, and comes with very strict requirements.
If you fail to adhere to any of the conditions of your probation, you could be arrested or summoned back to court for a probation revocation hearing. It is important to have an attorney represent you at any revocation proceedings. If your probation is revoked, the judge will likely re-sentence you and could impose a sentence of incarceration as a result of a probation violation.
Our team at the Bussey Law Firm, P.C. prides itself on providing our clients with a high level of commitment and service in representing those facing DUI charges and probation revocations. Colorado Springs criminal attorney Tim Bussey has been successfully handling DUI cases for many years. As a former prosecutor in Teller and El Paso Counties, he has a great understanding of both sides of the legal process, and how to work within the system and get results. Contact our office for a free consultation if you are charged with any DUI or are facing a probation revocation.
If you have pled guilty to or been convicted of DUI in Colorado Springs, you will be sentenced to probation. Prior to a judge imposing a sentence, you will likely be ordered to complete an alcohol evaluation. The local probation department typically conducts an alcohol evaluation and the evaluation will likely have an impact at sentencing via the conditions set by the judge. An alcohol evaluation consists of an investigation into any prior DUI or drug offenses, and a psychological profile to determine what level of supervision would be appropriate for the probationary period. The varying levels of supervision include, for example, things such as the level and type of therapy required for rehabilitation, the need for random sobriety monitoring and whether probation is supervised or unsupervised.
In first offense DUI cases, the court has discretion over whether or not to impose probation following a conviction for DUI. Even though it is discretionary, judges will almost always impose probation. If the sentence is for a second or subsequent offense, C.R.S. § 42-4-1307 requires that 2-4 years of probation be imposed.
When you are sentenced to probation the judge will impose conditions of the probation. If any of these conditions are not met, you will be facing a probation revocation. Conditions of probation will include:
- Completing an alcohol evaluation and complying with any recommended treatment.
- Paying a fine of at least $600 but not more than $1500.
- 48 to 120 hours of community service.
- Completing a Victim Impact Panel.
- Not violating any local, state, or federal laws.
- Paying applicable court costs and surcharges in addition to any fine imposed.
In addition to the mandatory conditions of probation, the judge may also impose additional conditions to include, but not limited to:
- Abstaining from alcohol or drug use.
- Submitting to random alcohol and/or drug testing.
- Requiring the installation of an Ignition Interlock Device in your vehicle.
- Being supervised by a probation officer.
- A period of incarceration.
If you are being sentenced for a second or subsequent DUI offense the judge will also be required to impose:
- A mandatory jail sentence; the length of which depends on whether it is a second offense or greater.
- One year of jail which will be suspended pending the successful completion of probation.
There are two different types of probation violations – substantive and technical.
Substantive violations occur when a person on probation is arrested for a new criminal offense. No new offenses is one of the conditions of probation. If you are convicted of a new crime, you face sentencing for that offense, plus additional penalties for violating your probation. If you are convicted of a new DUI while on probation for DUI, the case is likely to be treated more harshly by the prosecution and the court.
A technical probation violation involves failure to comply with one or more conditions of your probation. Although they can be grounds for probation violation, technical offenses do not constitute a new crime. Examples of technical probation violations Include:
- Missing one or more alcohol or drug classes
- Failure to attend the MADD class
- Failure to pay fines and court costs
- Failure to perform public service hours
- Missing a scheduled probation officer visit
- Testing positive on an alcohol or drug test
A probation violation hearing is a serious matter. If the court determines that a violation has been committed, it may either continue probation or revoke it and impose a sentence. The hearing is typically brief. The probation officer describes the alleged violations and presents testimony and evidence. The probationer has the right to present evidence for the defense. Both parties have the right to examine evidence and cross-examine witnesses.
Although hearsay evidence is not admissible in a trial, it is allowed in a probation violation hearing. The burden of proof is on the probation officer and the district attorney. They must prove that probation violations were committed by a preponderance of the evidence, meaning a greater than 50% chance. After the evidence is presented, the probation officer and the accused each argues his or her case before the judge.
Conditions of probation for DUI and related offenses can vary widely from case to case. They are affected by prior convictions and other factors. For example, penalties for impaired driving offenses may include the following:
- First DWAI conviction: Jail time of two to 180 days, fine of $200 to $500, 24 to 48 hours community service, 8 points against license.
- First DUI Conviction: Five days to one year in jail, a fine of $600 to $1,000, 48 to 96 hours of community service, 12 points against license.
- DUI with previous DWAI conviction: Jail time of 70 days to one year, fine of $900 to $1,500, 56 to 112 hours of community service, and one year of license revocation.
In addition to community service and other penalties, the court may include in a defendant’s probation for DUI, DWAI, or DUID any of the following conditions:
- Drug and alcohol driving education
- Probation for monitoring court-ordered alcohol or substance abuse treatment
- Mandatory appearances before the court
- Ignition interlock device
- Abstinence and continuous alcohol monitoring
Whether you are facing a DUI charge or a probation revocation for a DUI conviction, you need a dedicated advocate to provide sound legal counsel and fight for a positive outcome for you. The team at the Bussey Law Firm, P.C. is a criminal defense firm with a focus on DUI and DWAI matters. We have successfully represented many clients in both misdemeanor and felony DUI cases and other related criminal matters. You can rely on us to protect your rights and fight to help you avoid the serious consequences of probation revocation and jail time that could be imposed upon you. Call our Colorado Springs DUI probation violation attorneys now for immediate assistance. The Bussey Law Firm, P.C. can be reached at (719) 475-2555.