What Happens if I am Arrested for a DUI While on Probation?

If you’ve been convicted of a criminal offense, the judge may put you on probation. This can be the penalty instead of incarceration, or it may follow a jail or prison sentence.  


Court-ordered supervision requires you to follow required rules. Failing to follow the directives set forth by the court is considered a probation violation, which could add further penalties. Our DUI attorney explains what may happen if you are charged with driving under the influence of alcohol or drugs.  



What is Probation in Florida? 


In Florida, probation is a type of court-ordered supervision that, in most cases, means you do not need to remain in jail, prison, or on house arrest. However, probation requires the supervision of a probation officer. Additionally, you must adhere to many rules and regulations as outlined by the judge. 


What Are the Conditions of Probation? 


In addition to staying in regular contact with your probation officer, other conditions typically include: 


  • Refrain from committing any additional offenses 
  • Comply with random alcohol testing 
  • Attend an alcohol treatment program 
  • Notify your probation officer if you receive a citation or are arrested 



If you are arrested for a DUI while on probation, you will need to report that to your probation officer. If you do not, you will likely be considered in violation of your probation conditions. And even if you do report your DUI arrest, you still could be penalized for breaking the terms of probation. Having a skilled attorney on your side can help to know how to address this with the court. Contact us to talk about the specifics of your case.  


Related > Possible Probation Violations  


How is My DUI Violation Assessed? 


When you report your DUI arrest, the Probation Office reviews your case. The office will determine the severity of the offense in addition to the mitigating circumstances surrounding the arrest. This could potentially lead you to be held in custody, with no possibility of release until the issue is resolved. 


What Are the Potential Penalties? 


Committing a crime while on probation, like a DUI, will require you to make a court appearance. During this appearance, a judge will hear your case. If it is determined that you failed to comply with the ordered conditions, they will then define how to sentence you. 


The punishment you receive all depends on the specific facts of your case. The judge could either let you off with a stern warning or revoke your probation. In the latter case, you could be incarcerated for the maximum term length for the offense you were initially convicted of. 


How Can the Law Offices of Stechschulte Nell Help? 


Attorney Ben Stechschulte, a  board-certified criminal trial lawyer and former prosecutor, and together with Amy Nell has more than a combined 25 years of experience. If you need to restore your driver’s license quickly after DUI charges or if you are worried about your case, contact us for a free case review. Remember: there’s just a 10-Day window to restore your license after a DUI arrest, so don’t delay calling our Tampa, FL, drunk driving (DUI) lawyers. 


Attorneys at Stechschulte Nell Law will work diligently to get your license restored quickly so you can get your life back. We see you as a person who made an error in judgment, not a criminal.  


We’ll explain the entire process, answer any questions, and provide you with a legal opinion about your best defense based upon the initial interview. There are ten general strategies that we can use to defend a DUI charge, and our top-rated law firm will create a plan for the best defense strategy for your unique case. 


Call us today for a case review: 813-280-1244. 



Related Articles:  

Florida DUI Facts & Penalties 

How DUI Laws Apply to Driving Under the Influence of Marijuana 

Staying Out of Jail on a Probation Violation in Tampa 


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