Early Termination of Probation after a DUI Conviction

Early Termination of Probation after a DUI Conviction

If you have been convicted of a DUI, you probably received a probationary sentence. Each state has its own specific guidelines, but the general process to request an early termination of probation is generally consistent across the board.

Benefits of Early Termination after a DUI Conviction

The main advantages in obtaining an early termination of probation include avoiding costs associated with probation, reducing certain felonies to misdemeanors, and achieving a possible expungement of the DUI conviction from your driving record. Another benefit is that you remove the risk of getting charged with a DUI probation violation.

You may also feel that not having probation “hanging over your head” can help you move on with your life after a DUI arrest and DUI conviction.

Steps to Obtain an Early Termination of DUI Probation

To begin the process, you should get in touch with your DUI attorney and have him file the early termination motion in the same court where you were convicted of the DUI. It is good for your DUI lawyer to talk with the prosecutor and convince him to possibly support the motion (or, in the very least, not contest it).

In some states, writing a letter detailing why you feel you qualify for early termination and submitting this letter with the motion is a good idea. You should include a recommendation from your parole officer as well.

The judge considers several things when deciding whether or not to decide in your favor:

* Have you paid all of the DUI fines and DUI fees related to your DUI conviction?

* Have you completed any/all substance abuse programs and/or other counseling requirements?

* Have you fulfilled all conditions mandated in your DUI sentencing?

* Have you maintained/sought a job?

* Did you go back to school to finish or further your education?

* Did you receive any specialized job skills training?

* Did you give of your time and volunteer to the benefit of others?

The judge will also look at any hardships you experienced as a result of being on probation. Did you lose a job? Did you miss the possibility of a promotion? Did you fail a background check because you were on probation? Do you have travel restrictions placed on you that affects your employment?

Basically, the judge wants to know if you are a danger to the public and if you have learned from your mistake and are taking positive steps to move forward in your life in a constructive way.

When Can I Apply for Early Termination of Probation after my DUI Conviction?

Most states require you to complete at least half of your probation term before you can be considered for early termination. In California, the penal code leaves the decision solely to the discretion of the judge. Although the judge could grant early termination at any time in the probationary process, it is generally understood that you must complete at least 18 months for a felony DUI conviction.

In some cases, your DUI attorney may appear before the judge on your behalf. It depends on the circumstances of your case and this is something you should discuss with your DUI attorney before he files the motion.

In many cases, once you are successful in receiving early termination of probation your DUI attorney can ask the court to grant you an expungement of your record. Hopefully, with the help of a qualified DUI attorney, you can work to put the DUI conviction behind you and move on to a more positive phase of your life.

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Beth

Beth L. is a content developer for LeadRival, a cutting edge company that helps connect DUI lawyers with DUI clients. Beth L. writes about a variety of DUI topics to help drivers who have been arrested for DUI, getting them the legal help they need.

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