Can I Drink While on Probation for DUI in Florida?

Drinking on Probation

If you were recently arrested for driving under the influence in Miami, you want to think about how a potential conviction would affect the different aspects of your life.

While each person’s circumstances are different, a DUI can affect:

  • A person’s career, especially if they are in an occupation that would frown upon a DUI.
  • A person’s family. How would your family be affected if you were sent to jail?
  • A person’s credit score. Can you afford the costs of a DUI conviction?
  • Child custody, especially for parents in the middle of a child custody battle.
  • A person’s educational opportunities. Would you get that scholarship with a record?
  • Auto insurance premiums will skyrocket. Can you afford for this to happen?

Contact us to schedule your free consultation.


Beyond the financial and legal consequences of a DUI, most people don’t think about the social consequences of a conviction. If you are convicted and put on probation and you’re ordered to submit to drug and alcohol testing, can you still drink alcohol while on probation?

In Florida, the general answer to this question is no, you should not drink alcohol, particularly if you are on probation for DUI.

If there is nothing on your probation order that specifically prohibits drinking alcohol, the court has not ordered you to stay away from drinking, but you still want to think twice before indulging.

Think, is a night out drinking with friends really worth the risk? You do not want to put yourself in the position where you could face alcohol-related charges of any sort, or a probation violation.

While each jurisdiction has its own procedures, in Florida, a standard condition of DUI probation is that the person does not consume alcohol to excess. If you do end up on probation for a DUI, the best way to play it safe is to stay away from alcohol until your probation is over.

How Long Does DUI Probation Last?

Probation is covered under Section 316.193(5)(6) of the Florida Statues. Generally, when someone is convicted of their first DUI offense, the total period of probation and incarceration cannot exceed one year.

So, when someone is convicted of DUI in Florida, it’s best for them NOT to drink alcohol until their probation is over, even if their probation order doesn’t mention it.


If you are facing DUI charges, the best way to avoid probation is to avoid a conviction in the first place. Contact my Miami DUI defense firm to work with one of Miami’s top-rated DUI attorneys!


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