What You Need to Know About DUI Probation Violation

On behalf of Eisenmenger, Robinson & Peters, P.A. posted in Drunk Driving Accidents on Monday, October 24, 2022.

dui probation violation

When you are found guilty of a DUI violation in Florida, you have a criminal charge on your record and will be under strict supervision. Florida statutes establish mandatory penalties, and the judge has no discretion in altering those requirements. One of those requirements is a mandatory 12-month probation period.

Probation is a way of allowing you to prove yourself a worthy citizen while closely monitoring your conduct. If you fail to follow the probation requirements, you may find yourself charged with a DUI probation violation.

Violation charges are as serious as the original charge. Keep reading to find out what constitutes a probation violation, DUI probation violation consequences, and what to do if you face DUI or DUI probation violation charges.

Standard DUI and Probation Requirements

In Florida, every DUI conviction has the same statutory requirements. The judge may place additional restrictions on you, but they cannot eliminate the following for the DUI charge:

  • Probation—minimum 12 months
  • Suspension of driver’s license
  • Car impoundment
  • Fines—$500 to $5,000, depending on the severity of the offense
  • DUI school and alcohol treatment

The above conditions are mandatory regardless of whether you receive a misdemeanor or felony and whether it is a 1st or 4th offense. Depending on the severity, the judge may include incarceration, ignition interlock, and community service.


The mandatory 12-month probation period for DUI conviction, under Florida Statutes §316.193, is only one of the DUI penalties in Florida. During the probation period, you must meet monthly with a probation officer. You have to pay a monthly supervision fee during this time.

The probation officer’s job is to monitor your conduct and compliance with the court conditions. If you follow the terms of your probation, the officer’s reports to the court will be favorable.

If you fail to meet the conditions of your probation, the officer will file a probation violation with the court. A probation violation is a criminal charge. You need to contact our DUI defense attorney, R. Scott Robinson, to schedule a free consultation if this happens.

DUI Probation Violation

Probation monitors your conduct in numerous ways, and some things resulting in a violation of DUI probation include:

  • Not communicating with your probation officer
  • Receiving additional criminal charges
  • Not making court-required payments of restitution, reparation, or probation fees
  • Not attending or completing DUI school or alcohol treatment programs
  • Alcohol or Drug-test violation
  • Driving on a suspended license violation

How much jail time for a DUI probation violation you receive depends on the severity of your criminal charge. If your charge is a first-time misdemeanor, you will receive six months of incarceration. If your DUI was with a higher BAC or a second or subsequent offense, your time in jail will be longer.

You need to contact our criminal defense team for a free consultation if you are charged with a DUI probation violation. A good defense attorney has the best chance of getting your violation dropped or a reduction in penalties. In fact, when you work with us, you work with our award-winning defense attorney. Why go anywhere else?

DUI Probation Violation Defense

The consequences of a probation violation can be as severe as the original charge. Don’t make the mistake of appearing on your own.

If you are facing a charge of DUI probation violation, you need to contact our DUI defense attorney, Scott Robinson, by calling 321-504-0321 or using our online contact form. Call today to secure the best defense possible.