What Happens If You Violate Conditions of Release On A DUI Case

If a defendant violates a condition of release and the prosecutor becomes aware of it, a warrant or a summons may be issued. The consequence will depend on whether the violation is something the state will be made aware of. 

For example, if the judge required you to have an ignition interlock device in your car while the case is pending and the IID indicated a “positive” blow, this may not come to the attention of the court. From our experience, the IID providers recognize that there are occasional issues with their devices so, depending on the circumstance, you may be just fine. If your device registered positive for alcohol but, 3 minutes later, you performed another blow and it was negative for alcohol, the IID provider will most likely not notify the court of the initial blow.

However, if you failed to get the required IID installed and you get pulled over, the officer will see in his database that you are required to have that equipment. In that case, you could be arrested or may receive summons to appear for the new law violation. When you appear again at your next pretrial hearing on the original DUI charge, the judge may take you back into custody or require bail. Judges get REALLY upset if you violate a condition of release. 

In addition to the risk of getting a new criminal charge for violating conditions of release, violating these conditions make it nearly impossible for a defense attorney to negotiate a positive outcome. When a defendant ignores the court’s directions, it tells the prosecutor that you are not taking the situation seriously and do not appreciate the authority of the court. As a result, the punishment on the original charge is likely to be worse.

As mentioned above, a common violation is blowing “positive” on an ignition interlock device. This is not too uncommon but it is important to wait and see if the vehicle will initiate another opportunity to blow. The biggest mistake we see is that the client will get a positive blow so they pull over and park the vehicle – never giving it a chance to clear the mistaken positive. That increases your odds that the positive will be reported to the court.

If the positive is reported or there are multiple violations of the IID while the case is pending, the judge is likely to increase the level of monitoring. If the person is not taken into custody, it is very likely that the judge will add a SCRAM unit (alcohol sensing ankle bracelet) to the conditions of release requirements. The defendant will have to pay for the extra expense for that installation and monitoring as well.

Another violation is failing to maintain sobriety. In almost all cases, the judge will require defendants to refrain from alcohol and drugs while the case is pending. Getting caught violating this condition in Kitsap or Thurston Counties is less common but, in some counties, the defendant is required to do regular check-ins with pretrial services and submit to a urinalysis. 

Finally, if the defendant ends up in a police report, even as a witness or victim, and the reports indicates he or she was intoxicated, the judge will consider it a violation and impose stricter monitoring or take the defendant back into custody.

Avoid Bail: Do Not Violate Conditions of Release

Most of our clients have no problem complying with the conditions of release provided at their arraignment. Occasionally, a judge will restrict who may be in the car after a DUI charge, which can be very challenging for parents. In those cases, we can usually help our clients take proactive steps to prove to the judge that the minors will be safe. This may take some time and returning for a review hearing but it is not impossible. Don’t give up!

If you or a loved one is facing a DUI charge and wants help to resolve that case in the best way possible, give our attorneys a call. We are here 7 days a week. (360) 792-1000. Contact Us Now