What are the conditions of probation for DUI?

DUI charges come with mandatory penalties in Florida, regardless if it’s a first or third offense.

Failure to adhere to probation conditions could result in your arrest, new criminal charges, more fines, and possibly jail time.

It’s important that you understand the terms of your probation, follow those terms, and consult with a skilled attorney as soon as possible following your arrest.

conditions of probation for dui

Probation is mandatory after a DUI conviction

Florida Statute 316.193(5) requires any person convicted of DUI to be placed on probation with monthly reporting to a probation officer.

For all offenders, probation may be ordered in addition to jail time. However, the total combined term of probation and incarceration cannot exceed 1 year for first-time offenders.

Many probation terms in Florida are essentially the same, no matter your offense. You must refrain from reoffending while on probation, for example. DUI probationers also have other conditions you must follow if you want to stay out of jail.

Common terms for DUI probation in Florida

In addition to mandatory completion of a substance abuse course provided by a licensed DUI program, probation will generally require that you:

  • Report to your probation officer each month, in person and on time
  • Be accessible to your probation officer at work or your home for check-ins
  • Not violate any laws
  • Not consume alcohol or use any drugs
  • Consent to random drug or alcohol screening
  • Stay lawfully employed
  • Pay all probation-related fees
  • If a DUI conviction is a felony, then all firearms must be surrendered
  • Participate in public service or a community work project for at least 50 hours (for first offenders)

Consequences of violating probation

If you are arrested for violating laws, your probation officer will notify the court.

Similarly, if you fail to complete or adhere to all of your probation conditions, your probation officer will inform the court.

Although the court has the authority to impose the maximum DUI penalties if you violate the terms of probation, the penalties you could face depend on a few things:

  • If your violation was for a new criminal offense
  • If your violation was ”technical”
  • Your prior performance while on probation
  • If the violation was willful

Judges have full discretion in assessing penalties. They may be sympathetic to situations where you have an unintentional technical probation violation, especially if you have a DUI attorney in Orlando, FL on your side to help explain your situation.

For example, if the judge finds that you unintentionally violated probation and you’ve been compliant otherwise, your probation could be extended (likely with additional considerations).

However, if the judge feels your violation was willful, you’ll likely be sentenced to jail.

Build a strong DUI defense today

David Katz and James Phillips, founding partners of Katz & Phillips, P.A. are two of only four Board Certified DUI Defense Experts practicing in the State of Florida and are the only ones in the Orlando area. Let us put our expertise to work for you – call (321) 332-6864 to schedule a consultation.


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