Legal Question in DUI Law in California

Yes, you could be charged with a probation violation in addition to the criminal charges. Get an attorney.

Summary probation in a misdemeanor DUI case is also called a conditional sentence, meaning that as long as you comply with the conditions of probation, there will be no further consequences in your old case. The most common conditions are to obey all laws and be of good conduct, as well as a prohibition on driving with any measurable alcohol in the body.

If you are charged with violating the law, then obviously you may also be charged with violating your probation condition to obey all laws. Whether you are actually charged with or convicted of a violation of probation (�VOP�) depends on whether both cases are in the same county, the nature and seriousness of the old and new cases (trespass can be an infraction, misdemeanor or felony), any viable defenses in the new case, the charging policies of your local District Attorney and whether the new case if filed, can be resolved before or instead of admitting a VOP.

It is important to try to avoid admitting a VOP, not only because of possible additional penalties on top of any consequences from the new case, but also because a VOP may lengthen your probation period, and may make a later expungement of the old case more difficult to obtain. You can see that this is important and potentially serious. Get a lawyer to help you navigate the system. Good Luck, Jake