DUI Violation of Probation Case
The minimum mandatory penalties for a DUI conviction are harsh. In many ways, a misdemeanor VOP DUI probation is more difficult and expensive than a felony probation. As a result, many individuals violation one of the conditions of their probation. Violations are usually technical. A new arrest can also cause a violation.
Common violations include failing to complete community service, DUI school or counseling, or paying fines or court costs in a timely matter. New charges can include driving while license suspended. The attorneys at the Sammis Law Firm are experienced representing people in court on these types of VOP cases.
Attorney for DUI Violation of Probation in Tampa, FL
If you were accused of violating the terms of your probation in a Driving Under the Influence (“DUI”) case in Tampa or Plant City in Hillsborough County, FL, or a surrounding county? If so, don’t wait. Contact an attorney at the Sammis Law Firm for advice on how to quickly come back into compliance and resolve the case.
The requirements to successfully complete probation are extremely intensive and expensive in a DUI case, even for a first conviction. The attorneys at the Sammis Law Firm represents clients charged with probation violations in DUI cases. Call (813) 250-0500 so that we can begin your defense today.
The “No Bond” Warrant in a DUI VOP Case
If you enter a plea to DUI in Hillsborough County or one of the surrounding counties throughout the greater Tampa Bay area, Florida law requires certain minimum conditions, including an adjudication of guilt or a criminal conviction. Even for a violation of probation after a first DUI, the consequences are serious.
First, the court can sign an arrest warrant with a “no bond” provision. If your warrant contains a “no bond” provision, then after your arrest you may not be able to bond out until you go back to see the judge that originally put you on probation which can take several weeks in some cases. In other cases, the court might set a bond of $5,013 for a violation of misdemeanor DUI probation.
Instead of waiting in jail to see the judge to resolve the case, many people hire a private criminal defense attorney. Options to resolve the violation of probation case depend largely on how the judge handles the cases. Some judges allow the attorney to file a “motion to surrender” so that the attorney can ask for a bond to be set before the client does into custody. Other judges will consider emergency bond hearings only after the person is in custody after surrendering at the jail.
Your attorney may be able to convince the judge to give you another chance to complete all the conditions of probation. If the probation officer tells you that you have violated your probation, continue to report to the probation officer until the warrant is ready. Any failure to report is another strike against you that makes it less likely that the court will give you another chance.
Consequences of a VOP in a DUI Case
If you admit that you violated the probation in a DUI case, then the judge can sentence you up to the statutory maximum penalties allow by law which generally is as follows:
- For a first DUI the maximum sentence is six (6) months in the county jail;
- For a second DUI the maximum sentence is nine (9) months in the county jail;
- For a third DUI charged as a misdemeanor the maximum sentence is twelve (12) months in the county jail;
- For a third DUI charged as a felony the maximum sentence if five (5) years in Florida state prison.
- For a fourth DUI or subsequent conviction charged as a felony the maximum sentence is five (5) years in the Florida State Prison.
If the DUI case (even for a first offense) involves DUI with property damage, then the statutory maximum period of incarceration is twelve (12) month.
Act Quickly to Resolve the DUI VOP Case
If you believe that your probation officer may allege that you violated probation, you must act quickly. Contact a criminal defense attorney in Hillsborough County, Florida, to see what options might be available to you under the particular facts and circumstances of your individual case.
Your attorney may be able to contact your probation officer to see if you can be granted additional time to complete the terms of probation. The attorney may be able to give you advice about actions you can take now to attempt to redeem yourself or at least attempt to come into compliance before the violation of probation hearing
Resolving the DUI Probation Case – Admit or Deny
In fighting the allegation, your attorney may be able to show the court that the alleged violation was not willful or substantial. An attorney can help you fight any new criminal charges that you received while on probation. If the court finds that you did not actually violate probation, you can be reinstated on probation with the same terms and conditions.
If the court finds that you did violate probation, your attorney can argue that you deserve a second chance to complete the terms of your original probation without having to serve any jail time.
If you are on probation for a DUI case and fear that your probation officer will allege that you violated probation in Hillsborough County, then act quickly to find the right attorney for your case.
Call us for a free consultation at (813) 250-0500.
Last updated by Jason D. Sammis on Wednesday, October 31, 2018.