Probation can be one of the Georgia DUI Consequences that occur as a result of DUI conviction. As a Georgia DUI Lawyer, I hear about a lot of people being sentenced to probation without fully understanding the conditions of their probations or what happens if they break the rules of those conditions. So in today's post, I have outlined what probation is, the possible conditions of probation, the types of violations, and the consequences of the violations.
Probation in Georgia
Probation is an alternative for convicted people to satisfy a jail or prison sentence out of custody meaning outside of jail or prison. Probation can be an alternative to jail or prison time with both misdemeanor and felony convictions. Probation sentences can last anywhere from a few months to several years.
Probation sentences are specific to the defendant and the conviction, and therefore, there are many different types of conditions that can be apart of someone's probation sentence.
General conditions include:
- Do not violate the laws of any governmental unit,
- Avoid injurious and vicious habits – especially alcoholic intoxication and drugs unless prescribed lawfully,
- Avoid persons or places of disreputable or harmful character,
- Report to the probation supervisor as directed and permit such supervisor to visit you at home or elsewhere,
- Work faithfully at suitable employment insofar as may be possible,
- Do not change your present place of abode, move outside the jurisdiction of the Court, or leave the State for any period of time without prior permission of the probation supervisor,
- Support your legal dependents to the best of you ability.
Special conditions include:
- Attend risk reduction or DUI school,
- Attend a defensive driving school,
- Be evaluated for drugs and/or alcohol and follow any treatment that is recommended pursuant to the evaluation,
- Be evaluated for anger and violence, deviant behavior, sexual deviancy and/or other special needs counseling and following any treatment that is recommended pursuant to the evaluation,
- Pay any fines and/or restitution as ordered by probation or as directed by the court,
- Provide a certain number of community service hours within a prescribed period of time,
- Pay monthly probation supervision fees,
- Avoid contact or violence with certain named people or entry into certain prohibited places'
- Do not drink any alcohol or take any drugs without a prescription,
- Submit to random drug and alcohol tests at your own expense as directed by probation.
Violation of Probation in Georgia
If you break the rules of any of the above conditions that are apart of your probation sentence, you will be charged with violation of probation in Georgia.
There are three different categories of probation violations.
1. Technical Condition Violation: failure to meet one of the technical conditions of your probation. You've failed to pay certain fees, pay fines, pay restitution, failed to report to your probation officer, or you've left the jurisdiction.
2. Special Condition Violation: failure to meet one of the special conditions of your probation. You've failed to attend one of the courses assigned to you or any of the programs assigned to you.
3. Substantive Violation: failure to refrain from violating a law. You've committed another crime while on probation.
Penalties for violating probation vary and depend on the type of violation, but can include:
- Extension of your probation term
- Additional fines
- Additional community service
- Additional special conditions
- Mandatory counseling
A substantive violation is the most serious of the categories of probation violation. A misdemeanor charge while you're on probation could mean 2 years of the probation sentence being revoked - meaning you'll have to serve those years in jail. A felony charge while you're on probation will result in full revocation of your probation sentence, and you will serve the rest of the term in jail or prison.
If you or a loved one has been charged with DUI in Georgia or you've violated your DUI probation, contact a Georgia DUI Attorney today.