DUI While on Probation in Florida: What You Should Know

By Jonathan Blecher on September 8, 2025

Being arrested for drunk driving is stressful enough. But when a DUI occurs while you are already serving probation in Florida, the situation becomes much more serious. Probation is essentially a deal with the court; you are allowed to remain in the community instead of serving jail time, but you must comply with strict probation conditions. Violating probation with a new criminal offense, like a DUI charge, can put your freedom and your future at risk.

Jonathan B. Blecher, P.A., has decades of experience defending individuals accused of DUI offenses and those charged with violating probation in the state of Florida. With a background as both a prosecutor and a DUI defense attorney, Mr. Blecher understands how the criminal justice system handles probation violations, and he has helped thousands of clients navigate severe penalties under Florida law.

DUI Laws in Florida and Why Probation Changes the Stakes

Florida DUI charges are governed by state statutes that impose tough penalties even for a first DUI offense. A person convicted may face up to six months in jail, license suspension, fines, probation terms, participation in a substance abuse treatment program, and the installation of an ignition interlock device. Repeat or aggravated DUI cases bring harsher penalties, including extended probation, mandatory substance abuse courses, and even felony charges for a fourth DUI.

When someone is already on probation, whether for a DUI conviction, another criminal offense, or even a misdemeanor, a new DUI charge counts as both a violation of probation and a new criminal offense. That means you may face two sets of consequences: penalties for the DUI itself and penalties for violating probation in Florida.

Why a DUI While on Probation Is So Serious

Violating probation can trigger immediate and severe consequences. Depending on your probation officer’s report and the judge’s findings, the court may:

Revoke your probation and order jail time.
Impose more severe penalties, such as extended probation or stricter probation conditions.
Require you to complete DUI school, perform community service hours, or attend drug and alcohol monitoring programs.
Suspend or restrict your driving privileges, forcing you to seek a hardship license just to get to work.

Even if this is your first DUI offense, the fact that it happened during your probation period increases the likelihood of jail time and harsher penalties. Judges in Florida often view drunk driving during probation as a serious breach of trust with the court.

Legal Consequences You Could Face

If you’re arrested for a DUI while on probation, you’re looking at consequences on two levels:

For the DUI Offense:

License suspension by the Florida Department of Highway Safety and Motor Vehicles.
Fines, probation service fees, and court costs.
Mandatory completion of a DUI program, substance abuse course, or treatment.
Possible jail time, even for a first offense.
Installation of an ignition interlock device, depending on your blood alcohol concentration and prior record.

For Violating Probation:

A violation hearing before a judge.
Probation revoked and immediate incarceration.
Extended probation or new probation requirements, such as random drug or alcohol testing.
Loss of the chance for alternative sentencing options like community service.

The bottom line: a DUI probation violation brings severe consequences that could include losing your job, your driver’s license, and your freedom.

What To Do If You’re Arrested for DUI While on Probation

The first hours after your arrest are critical. Here are the steps you should take immediately:

Do not admit guilt to your probation officer. You are required to report arrests, but you are not required to incriminate yourself.
Contact a DUI defense attorney right away. Legal counsel can guide you through the next steps and prepare for both the DUI case and the probation violation hearing.
Prepare for a violation hearing. In many cases, the judge can revoke probation based on a lower standard of proof than in a criminal trial.
Gather evidence and witnesses. Your attorney can begin challenging the DUI charge itself while also building arguments for why probation should not be revoked.

Defense Strategies for DUI While on Probation

Jonathan B. Blecher, P.A., develops defense strategies tailored to the circumstances of each case. Some potential approaches include:

Challenging the DUI evidence. Was the traffic stop legal? Was the breathalyzer or blood test accurate? Were field sobriety tests conducted properly?
Arguing for alternative sentencing. Instead of jail time, some DUI offenders may be able to enter substance abuse treatment programs, perform community service, or complete DUI school.
Showing compliance with probation requirements. Demonstrating that you’ve maintained employment, paid probation service fees, and followed other probation requirements can persuade the court toward a lighter outcome.
Negotiating with the prosecutor. In some cases, a DUI charge can be reduced to a lesser criminal charge, which may limit the impact on probation.

Because probation violations are handled under different rules than criminal trials, having an attorney who understands both areas of Florida law is essential.

Jonathan B. Blecher, P.A.’s Approach

Every DUI case is unique, but the firm’s approach is consistent: protect your rights, challenge the evidence, and fight for the best possible outcome. Mr. Blecher uses his knowledge of Florida statutes and decades of courtroom experience to:

Investigate how the DUI arrest was handled.
Represent you at both the DUI hearing and the probation violation hearing.
Explore options for alternative sentencing or reduced penalties.
Help you remain drug and alcohol free during the probation period to show compliance.

Jonathan B. Blecher, P.A., has represented more than 3,000 DUI cases in Florida and understands how to balance the complexities of probation violations with the realities of DUI penalties.

Why You Need Legal Representation Immediately

The risk of jail time, harsher penalties, and a suspended license makes it too dangerous to face a DUI probation violation without an attorney. A skilled DUI defense attorney, such as Jonathan B. Blecher, can guide you through the criminal justice system, advocate on your behalf at your violation hearing, and fight to protect your future.

If you are accused of violating probation due to a DUI charge, time is not on your side. The sooner you involve legal counsel, the more options you have to protect your driving privileges, avoid severe consequences, and keep your probation from being revoked.

Contact Jonathan B. Blecher, P.A.

If you or someone you know is facing a DUI while on probation in Florida, don’t wait until your probation officer schedules a violation hearing. The stakes are too high to risk navigating this alone.

Contact Jonathan B. Blecher, P.A., today for a free consultation. Contact the law firm to discuss your case directly with a seasoned DUI defense attorney who has decades of experience handling DUI cases and probation violations across Florida.