Facing a DUI Charge While on Probation? Learn About the Risks and Legal Defenses Available to You

Being charged with a DUI while on probation in Florida creates a complex legal situation. If you're already on probation for a previous offense, a new DUI charge can lead to serious consequences. Probation violations, additional penalties, and the risk of having your probation revoked are all factors you need to consider. As an experienced Florida DUI defense attorney, I’ll walk you through what happens when you're arrested for a DUI while on probation, the legal ramifications, and the steps you should take to protect your future.

What is Probation in Florida?

Probation is a form of sentencing in Florida, allowing individuals convicted of certain crimes to serve their sentence under supervision in the community rather than in jail or prison. Florida law allows probation for many offenses, but if you violate the terms of your probation, you risk facing additional penalties.

Under Florida Statutes Section 948.01, probation is typically granted when someone is convicted of a crime, but instead of being sent to prison or jail, they are allowed to stay in the community while adhering to specific conditions. These conditions could include regular check-ins with a probation officer, maintaining employment, attending rehabilitation programs, or refraining from illegal activity like drug use or criminal conduct.

What Happens When You’re Arrested for a DUI While on Probation?

If you're on probation and get arrested for a DUI, there are several potential outcomes. First, a DUI arrest while on probation often leads to a probation violation. Even if you're not convicted of the DUI, the mere arrest could be seen as a violation of the terms of your probation. If the court decides that you’ve violated probation, you could face additional penalties.

Probation violations can result in:

  • Additional jail or prison time: The court may decide to impose a more severe sentence after revoking your probation.
  • Probation revocation: The judge could revoke your probation entirely and impose the original sentence, which might include incarceration.
  • Extended probation: In some cases, the court might extend your probation period and add additional conditions.

The DUI Charge Itself

Beyond the violation of probation, a DUI arrest also carries its own set of penalties. In Florida, a DUI conviction can result in fines, license suspension, mandatory DUI school, community service, and possibly jail time. If you’re facing both a DUI charge and a probation violation, you may be looking at multiple penalties being imposed simultaneously.

Under Florida Statutes Section 316.193, a first-time DUI offense can result in a fine, a license suspension, and mandatory DUI education. However, subsequent DUI offenses or DUIs that involve aggravating circumstances can lead to harsher penalties, including longer license suspensions, larger fines, mandatory installation of an ignition interlock device, and potential jail time. These penalties can be even more severe if you are already on probation.

Probation Violations and the Florida Court Process

If the court finds that you’ve violated your probation, it will schedule a violation of probation (VOP) hearing. At this hearing, the court will decide if you have violated the terms of your probation and determine what consequences you’ll face. If you’re facing both a DUI charge and a probation violation, this hearing becomes even more important. The court will consider both issues before deciding how to proceed.

  • At the VOP hearing, you will have the opportunity to present evidence in your defense. This may include arguments as to why the DUI charge shouldn’t result in a violation or why you should not face incarceration.

  • Potential consequences of probation violations can include:

    • Incarceration: The court may send you to jail or prison, especially if the violation is deemed severe or if you have a history of violations.
    • Increased probation terms: Instead of incarceration, the court may impose stricter probation terms, such as longer probation, more frequent check-ins, or additional counseling requirements.
    • Revocation of probation: If the violation is serious enough, the judge may revoke your probation and impose the original sentence.

How to Defend Against a DUI While on Probation

If you're arrested for a DUI while on probation, it’s essential to consult an experienced attorney as soon as possible. A DUI defense attorney can help you navigate this complicated situation and work toward minimizing the impact on your probation and your freedom.

Your attorney may explore several defense options, including:

  1. Challenging the DUI Charge: Your attorney can review the facts of the case and the evidence against you, looking for any procedural errors or issues with the way the DUI was handled. For example, was the DUI checkpoint legal? Were the field sobriety tests administered properly? Could the breathalyzer results be challenged?

  2. Negotiating a Plea: In some cases, it may be possible to negotiate a plea deal for the DUI charge that includes reduced penalties or alternative sentencing, which could help reduce the likelihood of probation revocation.

  3. Addressing the Probation Violation: If you're facing a probation violation for the DUI arrest, your lawyer may be able to argue that the violation is not as severe as the prosecution claims or that there are mitigating circumstances that should be taken into account.

  4. Sentencing Alternatives: If probation is revoked, your attorney may argue for alternatives to incarceration, such as additional community service, rehab programs, or an extended probation period. The goal is often to avoid jail time while still ensuring that you comply with the court’s conditions.

The Importance of Immediate Legal Help

When you face a DUI charge while on probation, the situation is urgent. You not only have to deal with the DUI charge itself but also the possibility of severe consequences for violating your probation. Seeking legal counsel early on gives you the best chance of crafting a strategic defense and minimizing the impact on your life.

You may be able to avoid jail time, get your probation reinstated, or reduce the penalties you face, but only if you act quickly. A skilled Florida DUI defense attorney can help protect your rights and fight for the best possible outcome in your case.

DUI While On Probation in Florida FAQs

What happens if I’m arrested for a DUI while on probation in Florida?

Being arrested for a DUI while on probation in Florida can lead to a violation of your probation. Even if you are not convicted of the DUI charge, simply being arrested can be enough for the court to consider it a violation. This could result in additional penalties, such as extended probation, stricter conditions, or even incarceration. The court will schedule a violation of probation hearing where you will have the chance to present your case.

Can my probation be revoked if I am charged with a DUI in Florida?

Yes, your probation can be revoked if you are charged with a DUI. If the court finds that you violated your probation by engaging in illegal behavior such as driving under the influence, it can revoke your probation and impose the original sentence, which could include jail or prison time. If you’re already on probation for a serious offense, the consequences of a DUI arrest may be severe.

Will I go to jail if I violate probation with a DUI in Florida?

The potential for jail time depends on the specifics of your case. If the court determines that your DUI charge constitutes a serious violation of probation, you could face incarceration. However, there may be options for alternative sentencing, such as extended probation or additional rehabilitation programs, depending on the circumstances of your case and the judge’s discretion.

How can a Florida DUI lawyer help if I’m on probation?

A Florida DUI lawyer can help by challenging the DUI charge itself, arguing for a reduced sentence, or defending against the probation violation. A skilled attorney can negotiate with the prosecutor to minimize the penalties or work with the judge to seek alternatives to incarceration. Legal counsel can also help ensure that your rights are protected throughout the process.

What are the penalties for a DUI conviction while on probation in Florida?

The penalties for a DUI conviction while on probation in Florida can include fines, mandatory DUI education, a license suspension, and possible jail time. If your probation is violated, additional consequences may include the revocation of your probation and the imposition of the original sentence, which could include a longer term of imprisonment.

What should I do if I’m arrested for a DUI while on probation in Florida?

If you are arrested for a DUI while on probation, it’s important to seek legal counsel immediately. An experienced Florida DUI defense lawyer can help you assess the charges, defend your case, and potentially avoid severe consequences like probation revocation and jail time. Do not delay—acting quickly can make a difference in the outcome of your case.

Call Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.