Attorney Kirk Tarman Explains How A Probation Violation Affects Additional DUI Arrests
A probation violation can't be charged once probation has expired—even by a day, explains San Bernardino attorney Kirk Tarman. During probation, a violation can bring the original charge's maximum (up to six months' jail on a first DUI). Separately, a new DUI within ten years counts as a 'second,' which enhances it regardless of exactly when it occurred.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
Frequently Asked Questions
Can a violation be charged after probation ends?
No—not once probation has expired, even by a day. During probation, a violation can bring the original charge's maximum, up to six months' jail on a first DUI.
Does a prior DUI still count later?
Yes—a new DUI within ten years counts as a 'second,' which enhances it regardless of exactly when it occurred.
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