DUI Probation Violations in Florida
By Jonathan Blecher on July 31, 2017
Suppose you were convicted of driving under the influence (DUI) in Miami or anywhere else in Florida. If this was your first DUI, your total period of incarceration and probation could not exceed one year under Sec. 316.193(5)(6) of the Florida Statutes.
Assuming you were placed on DUI probation, what would the basic terms of your probation be? What would happen if you violated one or more terms of your probation? Read on as I explore this further. If you have additional questions, don’t hesitate to contact me directly.
Under Section 948.03 of the Florida Statutes it says, “The court shall determine the terms and conditions of probation.” Even though the conditions of probation can vary from one person to the next, these are the “general terms” of probation in Florida:
- You must report to your probation officer (PO) as directed.
- You must pay all court-ordered fines for the DUI incident.
- You must allow your PO to visit you at your home or anyplace else.
- You must maintain suitable employment.
- You have to remain within a specified area.
- You cannot break any state or federal laws.
- You may be ordered to pay restitution to anyone who suffered physical injury
or property damage due to your drunk or drugged driving.
- You must submit to random drug or alcohol testing as ordered by the court.
- You are prohibited from using intoxicants “to excess.”
- You are prohibited from possessing or using any controlled substances.
Common DUI Probation Violations
Let’s take a look at common DUI probation violations. They often involve: not reporting to the probation officer, failing to pay court-ordered fines, failing to pay restitution, leaving a specified area without the PO’s permission, driving on a suspended license for DUI, failing a drug or alcohol test, illegally possessing a controlled substance, and getting arrested for a new criminal offense, including DUI, while on DUI probation.
If one violates a condition of their probation, a judge can issue a warrant for their arrest, or the judge may issue a notice to appear. Depending on the facts, the probation may be revoked, that is if the judge finds the probationer guilty as charged. Or, in the best-case scenario, the judge may decide the probationer is not guilty and order that he or she be released from custody. Essentially, after a hearing, the court may decide to modify, revoke, or dismiss a charge of a probation violation.
If you are accused of violating your DUI probation, your best option is to secure a DUI attorney to represent you at your hearing. To get started, contact my Miami DUI defense firm to schedule a free consultation with me, a former prosecutor with over 30 years of experience defending DUI cases!