How am I on probation?
If you received anything less than the maximum sentence and/or fines when you were convicted of a crime, then you are technically on probation. The terms of your probation will be outlined on your Judgment and Sentence. There you will also find the duration of your probation. When you are on probation, the Court may impose any of the suspended jail and/or fines for a probation violation. Often, the requested jail time on a probation violation will exceed what you actually served for the conviction itself, which it why it is imperative that you hire an attorney to represent you in these matters.
Example Probation Violation Allegations:
- New Criminal Law Violation
- Similar Criminal Law Violation
- Failure to Serve Jail
- Failure to Pay Fines and/or Costs
- Major Moving Violation Violation
- Consuming/Possessing Alcohol and/or Non-prescribed Drugs
- Failure to Report to Probation
- Failure to Submit to Drug and Alcohol Evaluation
- Failure to Comply with Recommended Treatment
If your underlying conviction is for a DUI, there are "mandatory probation violations," which are outlined in RCW 46.61.5055.
These mandatory terms of probation are as follows:
- Not driving a motor vehicle within this state without a valid license to drive;
- Not driving a motor vehicle within this state without proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020;
- Not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving;
- Not refusing to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug;
- Not driving a motor vehicle in this state without a functioning ignition interlock device as required by the department under RCW 46.20.720.
If a Court finds that you committed one of the above "mandatory probation violations" when you are on probation for a DUI, the Court will impose 30 days for each mandatory probation violation.