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DUI Probation

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Most individuals who are convicted of a DUI will be placed on probation.  Probation is an agreement between you and the court.  In exchange for you complying with the conditions, you are allowed to remain out of custody.  You have the option to refuse probation however, if you do so the court will sentence you to the max custody time or “time out” the sentence.

DUI probation conditions

If you are convicted of a DUI, the court is going to impose probation conditions that will last between three to five years.  These conditions will include that you remain law abiding and not commit another criminal offense.  You will have to submit to a chemical test at the request of any peace officer or program manager. You will be required to refrain from driving any vehicle with any measurable amount of alcohol in your system.

Ignition interlock device

An ignition interlock device prevents the vehicle from starting until the driver provides an alcohol-free breath sample.  The court may impose the installation of an IID as a term of probation. You can expect this term if you’ve been convicted of multiple DUIs, you are convicted with a high BAC, or you refused to submit to a chemical test.


The length of time will vary based upon the facts of your particular case, from as little as four months up to three years in most cases. The length is dependent upon on whether your conviction is a first or a subsequent DUI and the level of your BAC at the time.

Custody Time

As a term of probation, the court will order you to serve a custody time that is lower than the maximum allowed by law.  In most cases, the court will allow you to serve the sentence on some type of alternative sentencing. These can include house arrest, ankle monitoring, or a sheriff work program.


If you’ve been convicted of a second or subsequent DUI, the court will likely order you to attend some type of alcohol related treatment program.  This can include attending Alcoholics Anonymous (AA) meetings or other similar programs.  You may also be able to reduce the amount of custody time by agreeing to attend a residential treatment program for alcohol.

DUI School

As a term of probation, you will be required to attend a DUI education program. The length of the program will vary based upon whether you were convicted of a first DUI or a subsequent DUI. For more information regarding school cost, please visit our DUI school page.

DUI programs range in time from twelve hours up to 18-months.  Some counties have a 30-month program for multiple DUI offenders.  

As a term of probation you will required to show proof of enrollment and then proof of completion of the assigned program to the court. Failure to do so may cause the court to issue a warrant for your arrest and may subject you to a probation violation.

Dedicated DUI Attorney

Kevin Ballard is a dedicated DUI attorney based in Fairfield who understands how to effectively defend those charged with DUIs. Kevin is one of the few attorneys who is both a former prosecutor and trained as a police officer. As such, Kevin knows first hand how DUIs are handled from the initial traffic stop through prosecution and appeal. Let the Law Office of Kevin L. Ballard help you today defend your rights and protect your liberty.

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