In Colorado, probation is mandatory for repeat DUI offenders, and judges have the discretion to impose it for even a first-time offense. Probation is usually supervised, which means you will need to comply with a list of conditions. A violation of any condition can have dramatic consequences, including revocation of probation, which will send you to jail.
Call Bruno Lilly LeClere, PLLC, if you are facing a revocation hearing. Our Larimer County DUI lawyers are fully prepared to defend you at the revocation hearing.
Typical Conditions for Probation
Supervised probation will usually last for 1-2 years for a first-time offender and 2-4 years for a repeat offender. A judge will set the conditions for your case, but some of the more common for DUI defendants include:
- Monthly meetings with a probation officer
- Frequent sobriety monitoring
- Community service, also called Useful Public Service
- Fines and court costs
- Alcohol education and therapy programs
- Attendance at a Victim Impact Panel
- Other requirements, including a ban on firearm possession
Another common condition is that you cannot leave Colorado without permission. If you need to leave, you’ll need to notify your probation officer ahead of time and obtain permission.
You also cannot pick up a new criminal charge while on probation. One of the purposes of probation is to ensure you remain law-abiding. Getting another DUI—or any other criminal offense—will have serious consequences.
Common Probation Violations
The violations will depend on the conditions, as explained above. The conditions of probation are mandatory. If you are told to meet with a probation officer once a month, then you need to do that. Attendance at a Victim Impact Panel is also mandatory. You don’t get to decide which conditions to follow and which ones you can ignore.
You can also violate probation by getting arrested again and receiving new criminal charges. Probation allows you to avoid jail, so you are free to move about the community. Unfortunately, some defendants commit a new crime while free. For example, you could get arrested for shoplifting or assault. Just as bad, you might get another DUI.
Consequences of Violating DUI Probation
Any misstep—even a simple mistake—could be costly. Many people violate their probation without even knowing it. Sometimes, a violation is outside your control.
If your violation is minor, your probation officer might simply give you a warning. However, they also can file a Complaint and Report of Probation Officer with the court. This document apprises the court of your violation.
The court will then schedule a probation violation hearing, also known as a revocation hearing. This hearing will happen in Colorado state court. The court will either issue a summons for you to appear or possibly issue a warrant for your arrest.
Is Your Probation Officer Required to Inform the Court of a Violation?
Not always. Your officer will decide whether to file a complaint with the court. This is one reason to develop a good relationship with your probation officer, who might let a minor technical violation slide.
However, you can expect the officer to report any new criminal offenses. The court will know about them in any event.
How Our Attorneys Can Help
If you receive a summons or are arrested, then you absolutely need to contact Bruno Lilly LeClere, PLLC. You could very easily lose your probation. One of our lawyers can represent you at the revocation hearing to make a strong case on your behalf.
We might make many arguments. For example, you might have violated probation accidentally, or possibly events were out of your control. You could have missed community service because you became ill or were involved in a car accident and so injured you couldn’t leave the house.
If you were arrested for a new crime, now you have a separate criminal charge to deal with. Our firm has a broad criminal law practice, so we can help with the new offense, also.
Your Probation Revocation Hearing
If you are arrested and kept in custody, then your revocation hearing should happen within 14 days of the complaint being filed. However, if you are picked up for committing a new crime while on probation, then the judge will delay the revocation hearing until your new criminal case is resolved.
At the hearing, a judge will listen to evidence regarding your alleged violation. The prosecution only needs to show by a preponderance of the evidence that you committed the violation.
Your attorney can present your version of events. Often, the violation is not in dispute. Instead, a judge needs to consider your justification or excuse for committing the violation. You are not obligated to testify at a hearing.
What Will the Judge Do in My Case?
After accepting evidence, a judge will determine if a violation even occurred. If it did, the judge will assess the seriousness and whether it was accidental.
A judge has options, depending on what they find:
- Dismiss probation and send you to jail for the remainder of your sentence; or
- Keep your probation the same, probably because you did not commit a violation; or
- Add new restrictions to your probation but otherwise keep you out of jail.
Not everyone who violates probation ends up behind bars. But it is a real possibility if the judge believes you violated probation.
When a judge adds new conditions, they tend to be very strict. Punitive sanctions could include an ankle monitoring device. Any more violations moving forward will likely result in a new probation violation hearing. A judge who sees you again for violating your probation might be less forgiving.
Work With Our Firm Today
Bruno Lilly LeClere, PLLC, is an experienced law firm in Northern Colorado that has defended many people accused of DUI. With offices in Fort Collins and Greeley, our criminal defense lawyers can represent you at the probation violation hearing. We can also negotiate with the probation department to get them to dismiss any complaint, allowing you to remain on probation. Call us to find out more or get answers to your questions.