DUI Probation Violation

When you are found guilty of a DUI in Florida, you may be sentenced to probation. The period of probation is a chance to show that you can comply with the law in the state of Florida. If you are able to successfully comply with all conditions of probation, you may avoid going to jail at all. If you violate probation, however, you may be subject to a number of consequences including an increase in your probation period, additional probation conditions being imposed, or incarceration.

An accusation of a DUI probation violation is a serious thing that has very real consequences for your freedom and your future. When you are accused of a DUI probation violation, it is extremely important that you get help from an experienced Fort Lauderdale DUI attorney. The knowledgeable legal professionals at The Ansara Law Firm can help.

DUI Probation Violation

When you are on probation for DUI, there are some typical conditions you will need to abide by and requirements you will need to fulfill. For example, you may be required to:

  • Refrain from using alcohol or drugs.
  • Meet regularly with your probation officer.
  • Attend AA or participate in in-patient or outpatient drug therapy or treatment.
  • Perform community service or participate in work programs.

The judge may also impose other conditions specific to your case. When you fail to comply with any of the terms of your probation, your probation officer may take action based on your probation violation.

According to Gagnon v. Scarpelli, 411 U.S. 778 (1973), you cannot be subject to consequences for a probation violation without due process of the law. This means that if your probation officer is going to do anything more than just give you a warning for the violation, you are entitled to a hearing and you are entitled to a chance to confront and cross examine your accuser.

Typically, the hearing will be held in front of the judge who originally sentenced you to the term of probation. The Department of Probation and/or the prosecutor assigned to the case will need to prove that a probation violation occurred. However, since you are already on probation and assumed to have been guilty of a prior offense, the standard used to determine if a probation violation occurred is less burdensome than the beyond a reasonable doubt standard in criminal cases. This means it is easier for a prosecutor to prove that the violation happened.

You can – and should- be represented by an attorney at a probation violation/probation revocation hearing. You'll have the chance to try to show that there is insufficient proof that a violation occurred, or to present information about any extenuating circumstances that should encourage the judge to be lenient with you.

When a judge decides a probation violation did occur, there are several possible consequences, up to and including incarceration in most cases. It is, thus, very important to have a Boward County DUI lawyer representing your legal rights and assisting you in defending yourself against accusations of a probation violation.

If you have been charged with DUI in South Florida, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011! You can also contact us online. It only takes a minute to call, but it can make all the difference in the world.