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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.

Ex-Victoria Secret Model Estella Warren checks into Alcohol Rehab

It has been reported this week that ex-Victoria’s Secret model and Planet of the Apes actress, Estella Warren, who was arrested for felony escape, DUI and hit and run last month by the Los Angeles City Attorney, has voluntarily entered rehab for addiction treatment. It was also reported that on May 24, after crashing her Prius into three parked cars that she refused a breathalyzer test.

Estella Warren has entered an alcohol and drug treatment program voluntarily and has agreed to wear an alcohol-detecting SCRAM anklet, attempting to prove her cooperation. Her DUI lawyer appeared with her in court and won a postponement of her arraignment, which will now be held on July 15, potentially giving her lawyer time to evaluate the DUI charge and potentially reach a plea agreement with prosecutors.

Warren will be required to participate in alcohol and drug rehabilitation and wear the SCRAM bracelet as a condition of her bail

Her attorney Darren Kavinoky told the Daily News, “She acknowledges that the events on that evening were uncharacteristic, and she really is a person who’s full of integrity. Her attitude towards this whole thing is awesome. She is embracing the opportunities that are in this situation.” He also stated that the SCRAM bracelet was something that Warren agreed to “voluntarily as a gesture of good faith.”

This is not the first time that Estella Warren has been in trouble with the law. She was previously convicted of DUI in 2007, and her DUI lawyer Darren Kavinoky concedes that it is likely that his client may spend some time in jail for her most recent DUI offenses.

DUI Penalties

DUI or driving under the influence of alcohol or drugs is a serious driving offense. It is illegal in every state to drive with a BAC or blood alcohol concentration of 0.08% or higher. DUI penalties have been increased in recent years due to increased pressure by lobbying groups such as MADD (Mothers against Drunken Driving).

If you have been arrested for DUI you may face severe DUI consequences which can include: drug or alcohol education classes, DUI penalties or fines, increased insurance costs, mandatory installation of an ignition interlock device, jail time or probation.

Administrative License Suspension

DUI penalties and consequences will not end with criminal charges. If you are stopped for DUI you will be asked to submit to a chemical test of your blood, breath or urine. If you refuse to take the chemical test or you fail the test you may face additional charges from the Department of Motorized Vehicles which generally means your license will be revoked immediately.

First time DUI drivers who face an Administrative License Suspension may only have their license suspended for 30-90 days. Other drivers, who have had multiple DUI convictions or who have a high BAC, may lose their drivers license for years.

Administrative license suspensions can be challenged, but it must be done within a specified timeframe which is determined by state law.

If you have your license suspended through an administrative license suspension, or if you need help defending your DUI charges, contact a DUI lawyer for help. Do not let your future be ruined by a DUI conviction.