Probation Violations After a DUI or Drug Conviction in Georgia: What You Must Know
A lot of folks, when they hear they got probation instead of jail time after a DUI or drug charge, think that they’ve caught a break. Sure, it’s definitely better than life in a cell, but the thing most people aren’t prepared for is just how onerous and strict probation actually is. It’s not some casual second chance. You’ve got rules stacked on rules, and you’re expected to stick to them all of the time.
What trips people up isn’t always the big stuff, either. It could be something small (missing a class, forgetting to check in, not totally understanding one of the conditions). Suddenly, you’re looking at a violation. And depending on the situation, that could land you in even more trouble than you started with.
Probation officers aren’t generally looking for perfection. They are, however, paying strict attention. They want to see that you’re following through. And life being what it is, it’s easy to slip up. So, if you’re dealing with probation in Georgia, knowing how it actually works, what they’re watching for, and what to do if things go off track can help you considerably. It’s key if you want to keep your freedom intact.
How probation works after DUI or drug convictions in Georgia
Georgia courts frequently impose probation for DUI, misdemeanor marijuana possession, and even some felony drug cases. While conditions vary for each individual, probation usually includes:
- Regular reporting to a probation officer
- Random drug or alcohol testing
- Payment of fines, fees, or restitution
- Completion of DUI School or drug treatment
- Community service hours
- Staying out of legal trouble
- Restrictions on travel
- Possible ignition interlock requirements
While these conditions may seem manageable, the system can be unforgiving. One missed appointment or failed drug test can lead to an arrest warrant.
Common probation violations in DUI and drug cases
When someone messes up while on probation, it usually falls into one of two categories: either a technical violation or what they call a substantive violation.
- Technical violations – These don’t involve the commission of a new crime, but still break the rules of probation. For example, missing a check-in with your probation officer, or showing up late to a court-ordered class. In some cases, failing a drug test is a technical violation. Sometimes people just fall behind on their payments or leave town without asking. I might seem minor, especially if it wasn’t on purpose, but the court can still crack down on it, and they generally will.
- Substantive violations – These tend to be more serious. That’s when someone actually gets into new legal trouble. This includes getting arrested again, picking up another DUI, or being caught with more drugs. Even a traffic offense, if there’s alcohol or drugs involved, can count as a substantive violation. Basically, anything that looks like you’re back to breaking the law. And since that kind of thing makes prosecutors think you’re a risk to the public, they tend to hit harder with consequences.
Talk to a Roswell, GA, DUI Attorney Today
Andrew L. Schwartz, P.C., represents the interests of Roswell residents who are facing drug charges. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
