DUI Probation in California

Written By Davis Hewitt

If you’ve been convicted of a DUI in California, you’re likely to be placed on probation instead of serving jail time—especially for a first offense. But probation is not a free pass. It comes with strict conditions that, if violated, can result in additional penalties, including jail time.

As a California criminal defense attorney, one common question I hear from clients is: “What does DUI probation actually involve?”

Below is general information the answer to that question.

What Is DUI Probation?

DUI probation is a court-ordered period during which you must comply with specific terms instead of serving (or in addition to) jail time. The goal is to monitor your behavior and ensure you do not reoffend.

For most first-time misdemeanor DUI convictions, California courts typically impose summary (informal) probation lasting 3.

Standard Terms of DUI Probation in California

Here are the most common conditions the court will require you to follow:

No Driving With Any Detectable Alcohol (Zero Tolerance)

Even if you're below the legal limit, you may not drive with any measurable amount of alcohol in your system while on DUI probation. This is a stricter standard than the usual 0.08% BAC limit.

Submit to Chemical Testing

You must agree to submit to a chemical test (breath or blood) if you're lawfully stopped under suspicion of DUI while on probation. Refusing can result in additional license suspension and other penalties.

Attend and Complete a DUI Program

You will be required to complete a state-licensed DUI education program. The length of the program depends on your blood alcohol content (BAC) at the time of arrest:

  • 3-month program for BAC under 0.15%

  • 6-month or 9-month program for higher BACs

  • 18- to 30-month program for repeat offenses

Obey All Laws

You must not commit any new crimes while on probation. This includes not just DUI offenses, but any misdemeanor or felony violations.

Pay All Fines and Fees

Courts typically impose a fine of around $390 to $1,000, but with penalty assessments and court fees, the total can exceed $2,000–$3,000.

Community Service or Jail Time

In some cases—especially if there was an accident, high BAC, or prior offenses—the court may impose community service, work release, or even short jail time in addition to probation.

What Happens If You Violate DUI Probation?

Violating any term of your DUI probation can have serious consequences. Depending on the violation, the judge may:

  • Revoke your probation

  • Impose additional fines or jail time

  • Extend your probation period

  • Require you to attend more classes or counseling

Even a minor violation—such as missing a DUI class or driving after drinking (even if under 0.08%)—can trigger a probation violation hearing.

Can I End DUI Probation Early?

Yes, in some cases. After completing at least half of the probation term, you may be eligible to file a motion for early termination of probation, especially if:

  • You’ve completed all your terms (classes, fines, etc.)

  • You’ve remained arrest-free and compliant

If the court grants early termination, you may also be eligible to have the conviction expunged under Penal Code § 1203.4.

Need Help With DUI Probation or a Violation?

Whether you're facing a DUI charge, currently on probation, or dealing with a possible violation, it’s critical to understand your rights and options. The consequences of a misstep on probation can be severe—but with the right legal guidance, many issues can be resolved before they escalate.

Davis W. Hewitt has helped hundreds of clients navigate DUI probation terms and successfully defend against violations. Contact him today for a free, confidential consultation.

Davis Hewitt
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