In Colorado, a probation violation—especially in a DUI case—can result in jail time ranging from a few days to the full suspended sentence from your original conviction. The exact penalty depends on the nature of the violation, your criminal history, and how the judge decides to handle your case.
What Is DUI Probation in Colorado?
DUI probation is commonly issued after a drunk driving conviction, especially for first-time offenders. Instead of jail time, the court gives you a chance to comply with certain rules. These conditions typically include:
Abstaining from alcohol and drugs (often with regular testing)
Attending DUI education or therapy programs
Completing community service
Paying fines and court fees
Avoiding any new criminal charges
Probation gives people the chance to stay out of jail while showing they are willing to follow the law. But if you break those rules, it’s called a probation violation, and the court can take action.
What Counts as a DUI Probation Violation?
A DUI probation violation can happen for many reasons—some intentional, others accidental. Common examples in Colorado include:
Failing a drug or alcohol test
Missing a court-ordered class or meeting with your probation officer
Not finishing community service
Missing payment deadlines for fines or fees
Getting arrested or cited for a new offense (even a minor one)
Any of these actions can lead to a report being filed with the court, which triggers the next step in the process.
What Happens After a Probation Violation in Colorado?
If you’re accused of violating probation, the process starts with a revocation hearing. Here’s what typically happens:
1. You’re Notified of the Violation
You may receive a court summons or, in more serious cases, be arrested. The notice will explain which condition of your probation you allegedly broke.
2. You Attend a Revocation Hearing
This is not a full criminal trial. The judge hears the facts and decides if you violated the terms of your probation. The legal standard is lower than in a criminal trial—the prosecution just needs to show it’s “more likely than not” that a violation occurred.
You can present evidence, bring witnesses, and (if you choose) have an attorney represent you.
3. The Judge Decides What Happens Next
The outcome depends on how serious the violation was and how well you’ve followed other conditions. Common outcomes include:
A warning and continuation of probation
Stricter terms (like more frequent testing or added classes)
Extension of the probation period
Revocation of probation and jail time
If probation is revoked, you may serve the sentence that was suspended in your original DUI case. For example, if you had a 90-day sentence stayed, the court could order you to serve some or all of those 90 days in jail.
Can You Fight a Probation Violation in Colorado?
Yes. If you’re accused of violating probation, you still have options to defend yourself—even without a lawyer. Some strategies include:
Showing proof of compliance: Documents like receipts or certificates can help prove you met your obligations.
Explaining the situation: If something like a medical emergency or job loss caused the issue, the judge may show leniency.
Disputing the facts: You can challenge faulty drug tests or argue the violation didn’t actually occur.
Requesting an alternative penalty: Judges sometimes allow additional probation time instead of jail, especially for first violations.
Even though this process is less formal than a criminal trial, the consequences can still be serious. Take every violation seriously—even if it seems minor.
Long-Term Consequences of a Probation Violation
A probation violation in Colorado doesn’t just risk jail time—it can also affect your future in other ways:
It may be harder to get probation again in the future
You may face higher fines and additional legal costs
The violation becomes part of your criminal record
It could impact employment or housing applications
Contact a Colorado Criminal Lawyer
If you’re facing a probation violation in Colorado, Baker Law Group, PLLC is here to help. Our team understands how overwhelming the process can be and can guide you through your legal options with clarity and professionalism. While this page is for informational purposes, if your situation escalates or you need legal representation, don’t wait. Contact a Colorado criminal lawyer at Baker Law Group, PLLC to protect your rights and discuss your next steps.
