If you plead guilty or no contest to DUI in Miami-Dade County, Broward County, or Palm Beach County, you will be placed on probation for a minimum term of six months, for a first DUI. You can be placed on probation for twelve months for second and subsequent DUIs (so long as they are charged as misdemeanors).
The conditions for DUI probation are standard - DUI school, community service hours, completion of a Victim Impact Panel, and fines. You may also be required to have an ignition interlock device. You will also be required to have your vehicle immobilized for a period of ten days, unless you qualify to have that requirement lifted.
The most common DUI probation violations are failure to report, failure to pay fees, failure to complete community service hours, and failure to submit to the vehicle immobilization. As stated previously, the immobilization can be waived so long as there is only one vehicle in your household and it must be used by other members of your household. This exemption is commonly granted, so if it is your only violation, it is not cause for concern provided you meet exemption criteria.
When you violate DUI probation, you will likely be issued a notice in the mail as opposed to being physically arrested. Many times, if the violations are based upon matters that can be corrected (catching up on missed community hours, paying fines/costs that are due, completing DUI school or treatment), the judge may be willing to hold the affidavit in abeyance to give you time to complete the conditions.
If you are facing a DUI probation violation, contact me to discuss your options. Probation violations can result in jail time so it is important that these matters be taken seriously.
Eric Matheny represents clients charged with DUI and DUI probation violations in Miami-Dade, Broward, and Palm Beach.