DUI Blogger

Joanne Baldwin, wife of actor Daniel Baldwin was sentenced to ten days in jail for violating her DUI probation…for drinking alcohol. California DUI probation always includes a condition that you not drive with any measurable amount of alcohol in your system but it only sometimes includes a condition that you must completely abstain from drinking alcohol.

This type of California DUI probation condition must have been part of a plea bargain or a judge-imposed condition based on Baldwin’s history of alcohol abuse. Another condition of California DUI probation is that you cannot violate any other laws. The reason that Baldwin was arrested is because Daniel called the police after she allegedly threatened to kill him while she was drunk. This type of threat is considered a criminal threat and could have by itself subjected Baldwin to a probation violation.

The judge has ordered Baldwin to wear a SCRAM ankle bracelet which will monitor her alcohol intake. If she consumes any alcohol, the bracelet will transmit that fact to the monitoring agency, setting her up for another DUI probation violation.

One of the basic California DUI probation terms that is imposed in connection with a DUI sentence is that the defendant not drive with any measurable amount of alcohol in his/her system. Another routine term that is imposed is that the defendant not drive without a valid driver’s license. California driver’s licenses are automatically suspended for a specific amount of time depending on whether it is a first, second or subsequent DUI conviction.

Yet many Californians’ disobey these DUI probation terms and continue to drink and drive while on probation and without a valid driver’s license. In fact, a good majority of these drivers are repeat DUI offenders, which means that they have been convicted of at least two DUIs.

When the police, bailiffs, or anyone else in law enforcement suspect that a repeat DUI offender is violating these terms and conditions, they will often follow or “stake out” a suspect to catch him/her in the act. This means that if you are on DUI probation in California, big brother may be watching. Armed with this knowledge, you may want to reconsider violating these types of probation terms so that you’re not making it easier for the cops to arrest and convict you.

After being ordered to serve 90 days in jail for violating the terms of her California DUI probation, actress Lindsey Lohan has been released…and after serving only 14 days in the Lynwood facility. She was immediately taken to UCLA to begin her 90-day rehab sentence.

Although jail overcrowding and “good time” credits are responsible for significantly reducing jail sentences, the prosecutor on the case has stated that Lohan will have to serve her entire 90-day rehab sentence.

This is because judges have little control over when jail facilities release their inmates. They do, however, retain control over other California DUI probation conditions, which can include participation in drug and/or alcohol rehabilitation programs.

If Lohan doesn’t comply with the program…and, yet again, violates her probation…she will likely serve another jail sentence.

A court-ordered alcohol/drug education program (otherwise known as California DUI school) is a mandatory condition of a DUI probation sentence.

Depending on whether it is your first, second, or subsequent DUI conviction…or even your first or second California wet reckless conviction…the judge will sentence you to between 12 hours and 30 months of DUI school.

The length of the programs, the curriculum of the programs, and the fees of the programs are all drastically different. However, all DUI programs do share several common characteristics.
First, you must enroll in a California DUI school within 21 days of your DUI sentence.

Second, you must provide proof of enrollment and completion by the dates that the judge orders you to do so. Failure to abide by these terms could result in a California bench warrant and/or a DUI probation violation.

Continue reading "California DUI School" »

Most people convicted of a California DUI get probation. This usually lasts from three to five years, and includes certain "terms and conditions." Violating the terms and conditions subjects the person to a probation violation, and possible jail time.

One standard term of probation in California DUI cases is that the person "not operate a motor vehicle with any measurable amount of alcohol in your system." This means if the person gets stopped and blows even a .01 BAC, he is in violation of his probation. In other words, he cannot drink and drive, period.

In reality, most people on California DUI probation violate this term. Most are at least social drinkers, and they continue to drink and drive, but are just much more careful. But by doing so, they take a considerable risk. A probation violation can subject them to six months or more of jail time.

Continue reading "Zero Tolerance Law in DUI Probation" »