Were you recently convicted of a first or second DUI and received Nevada DUI probation instead of jail time? Keep reading to learn more about probation requirements.
Your Nevada DUI probation and a suspension of your sentence require you to conform to certain requirements. These must be carefully followed as failure to do so can lead the judge to revoke your probation and impose the previous sentence, such as jail time.
Courts usually impose a six-month suspended sentence for a first or second Nevada DUI. If your DUI probation is revoked, you may face half a year in prison. Carefully understanding the terms and conditions is necessary to avoid any prison time.
Nevada DUI Probation Explained
Probation can be difficult as it comes with the responsibility of keeping up with multiple requirements. However, it is much better than the punishment that results from a violation. It seeks change through rehabilitation instead of punishment.
A judge might provide you with the opportunity of probation if they think you could benefit from rehabilitation services. However, probation comes with the expectation that the offender will comply with the following:
- Attending a Victim Impact Panel and DUI School
- Random drug testing (for drug cases)
- Substance or alcohol abuse counseling
- Community service
- Ignition interlock device installation in your vehicle
- Maintenance of a great record which includes avoiding another DUI or criminal conviction
- Regular meetings with your probation officer
Consequences of a DUI Probation Violation
If you are unable to follow any of the requirements set by the judge, you may face the following consequences:
- More restrictive conditions within the same probation
- Revoked probation and the original sentence before the probation was imposed (this can also be replaced with the maximum fine for the previously suspended DUI offense)
In some unique cases, the judge may allow your probation to be continued as before.
Allowance for Contestation
You can contest the revocation of your probation in your probation revocation hearing. This is often referred to as a “probation violation hearing” or a “revocation hearing.”
The Revocation hearing is much like a smaller trial but doesn’t contain a jury. Instead, only the judge is present to evaluate your case.
At a probation revocation hearing, you are allowed to testify, be represented by a lawyer, present evidence, call and cross-examine witnesses. But these cases are often harder to win than the regular trials.
This is because the standard to prove guilt in a revocation hearing is lower than in trial. In regular trials, the prosecutor must prove you guilty beyond a reasonable doubt. A probation hearing only needs to provide a majority of evidence of you violating your probation.
An experienced DUI lawyer is crucial to build a compelling case and could be the difference between another chance at probation or suffering penalties of a DUI sentence. The Revocation Hearing
Your probation officer can give you a probation violation in many ways. Some examples may include if you:
- missed a meeting with the officer
- failed to provide any of the forms that prove attendance at the DUI School
- failed to provide proof of counseling
- were unable to attend other classes
- were involved in another DUI or criminal offense
After the officer finds a violation of your probation, they will file a report with the court. The court then schedules a DUI probation revocation hearing. The court will notify you about this hearing through a letter, with the date, time, and place of the DUI probation violation hearing.
Depending on the violation, the hearing can occur immediately or be delayed. For example, for smaller matters, such as failing to attend DUI school or a meeting, the hearing may take place sooner. However, if you were involved in a greater offense, such as another DUI, it might be pushed back until your case has been tried or dismissed.
Winning or Losing the DUI Probation Revocation Hearing
If the judge rules in your favor, the DUI probation will be allowed to continue your probation as before the hearing. However, to the judge ruling against you does not result in automatic revocation. The judge has discretion to reinstate your probation with its original terms or impose stricter requirements.
The good news is that even if you lose the hearing, a skilled Nevada DUI defense attorney can Negotiate on your behalf to convince the judge to reinstate your probation.
Need Help with a Probation Violation? Call Us Today!
Have you or someone you know been recently accused of violating DUI probation? Call The Bourassa Law Group for a consultation!
Our experience and dedicated defense lawyers in Nevada have the skillset you require to win that probation revocation hearing. Call today and provide us with your case details to schedule a consultation. You can also fill out the form to get started.
We look forward to guiding you through the toughest process of a DUI probation revocation case. Your hearing is important not only to you but also to our experienced lawyers, who can help you create an organized case in no time!