What happens if I am on probation for misdemeanor petty theft and I am arrested for drunk driving? Can I be sent back to jail?

The answer is definitely yes. When you plead guilty to petty theft the judge could have sentenced you to up to six months in jail (if this was your first offense) or up to one year in jail (if this was your second offense). When you were sentenced the judge put you on probation and likely did not impose a jail sentence. One of the terms of your probation was “violate no law”. When you were arrested for a drunk driving charge that is a possible violation of a new law. The judge will be notified and you will receive a notice to appear in court for a “probation violation arraignment”. At that time the judge can impose bail and take you into custody, or the judge can allow you to remain out of jail and set a probation violation hearing. If at the probation violation hearing the judge finds by a “preponderance of the evidence” that you violated your probation he can sentence you to up to six months in jail (if this was your first petty theft conviction). The judge fan also “revoke your probation” and “reinstate” you on probation under additional terms and can sentence you to less than six months in jail.

You are facing jail time for both the DUI and the probation violation, and to go to court without an experienced criminal defense attorney would be a major mistake.