DUI Probation Violation

Handling the penalties for driving under the influence (DUI) is an arduous process. One additional condition to DUI sentencing is probation. Those who violate a DUI probation may be have their probation revoked and face statutory penalties. It’s vital that you’re aware of your probation terms and possible violation consequences.

The probation terms for DUI are very harsh. Some of the conditions such as DUI school are costly and can be difficult to finish in a timely manner. If you find yourself in violation of your DUI probation, it’s important you act now. Your probation officer may notify the court and you could be back to facing statutory penalties once again.

Lawyer for Violation of DUI Probation in Melbourne, FL

If you enter a plea for DUI charges, then your judge may put you on probation. DUI probation has a lot of conditions. Common violations such as not paying fines on time or failing to complete DUI school can land you in hot water. Any person who has violated their DUI probation must seek legal representation immediately.

The attorney at Law Offices of Bryan J. McCarthy are passionate about criminal defense. We have defended numerous clients in DUI cases and probation hearings. Our attorney can collect evidence that proves you were compliant with your probation conditions. With our strategies, Law Offices of Bryan J. McCarthy can get the best possible results for your violation.

Overview of DUI Probation Violation in Florida

• Florida Probation Requirements
• Consequences for Violation a DUI Probation
• No Bond Warrants for Probation Violations
• Additional Resources

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Florida Probation Requirements

Florida law states that if you are convicted of DUI then you must be placed on probation for a period of time. Probation is a period of supervision ordered by the court. When you are on probation you will be assigned a probation officer and must complete certain conditions in a timely manner. Many DUI offenders choose to serve probation, so they can avoid jail time.

Probation is different for every case. However, most DUI probation conditions require you to do the following:

• Meet with your probation officer monthly;
• Be accessible at your home or work for your probation officer to check on you;
• Pay the state $50 a month or any other probation-related cost;
• Not possess, carry or own any firearms without your probation officer’s consent;
• Not violate any laws;
• Retain steady lawful employment;
• Agree to not to use any intoxicants in excess or possess drugs;
• Be truthful with your probation officer;
• Attend alcohol or substance abuse counseling or treatment;
• Submit to random alcohol or drug testing;
• Complete DUI school;
• Finish all 50 community service hours; and
• Not move until you’ve received authorization by your probation officer.

Violation of any of the above conditions can result in a revocation of your probation. If your probation is revoked, you must face statutory penalties again.

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Consequences for Violating DUI Probation in Florida

Offenders on probation must complete certain terms and conditions. Failure to uphold these requirements may result in maximum statutory penalties. Florida law states the maximum legal consequences for DUI includes:

• First DUI Offense
  • Up to six months in county jail; and
  • Possible fine between $500 and $1,000.
• Second DUI Offense
  • Up to nine months in county jail; and
  • Possible fine between $1,000 and $2,000.
• Third DUI Offense
  • Up to 12 months in prison; and
  • Possible fine between $2,000 and $5,000.

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No Bond Warrants for Violation of DUI Probation

A judge may issue a warrant for your arrest after a probation violation. In some cases, the judge could issue a “no bond” warrant depending on the circumstances of your violation. Warrants with “no bond” provisions can put you in a tricky place. The provision entails that the offender cannot go out on bond until they have seen the judge that originally put them on probation.

A “no bond” warrant can mean more time in jail. It can take up to weeks to schedule a bond hearing with your original sentencing judge. In other cases, the court may set a bond of $5,013 for the violation. Either way, it puts the offender in a strange position of waiting or paying an unnecessary amount.

It’s recommended that you contact an experienced criminal defense attorney, if you are accused of violating the terms of your DUI probation. A private defense attorney can resolve the matter with a “motion to surrender.” The motion will act as a request for a bond to be set before the offender is put into custody. A skilled attorney may be able to convince the judge to give you another chance and avoid statutory penalties.

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Additional Resources

FDC | Probation Services – Visit the official website for the Florida Department of Corrections (FDC) to learn more about the Melbourne Probation Circuit Office. Access the site to learn more about what the probation officer offers, directions to the office, the number of offenders under probation and general contact information.

Florida Probation Laws – Visit the official website for Online Sunshine, a collection of state laws for the state of Florida. Access the statutes to learn more about the terms and conditions of probation, how fees are processed, what an offender on probation isn’t and is allowed to do and more.

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Attorney for DUI Violation Probation in Brevard County, Florida

If you or someone you know has been accused of violating probation, it’s important that you start taking steps now. It’s possible that you may have a warrant out for your arrest and you could face statutory penalties. Don’t hesitate to fight these allegations. Call the attorney at Law Offices of Bryan J. McCarthy today.

The attorney at Law Offices of Bryan J. McCarthy have years of experience representing clients in Florida’s justice system. We have attended probation hearings, filed effective motions and represented numerous offenders for probation violations. Don’t settle when it comes to your future.

Law Offices of Bryan J. McCarthy accepts clients accused of violating probation throughout the greater Brevard County area and nearby counties including Volusia County and Indian River County.