Violation of DUI Probation
Under Florida Statute 316.193(5) and 316.193(6)(a), if you enter a plea to DUI then the judge is required to put you on monthly reporting probation for at least six (6) months, although the judge can impose up to twelve (12) months probation.
In order to give individuals the most amount of time to complete all the special conditions of drunk driving probation, many judges in Tampa, Hillsborough County, FL, will order twelve (12) months probation but then allow the individual to petition for early termination of probation after the six months have been completed.
Some judges for Tampa DUI cases may allow "automatic" early termination as soon as all special conditions of probation have been completed.
Attorney for Violation of DUI Probation in Tampa, FL
If you violation probation, the judge might sign a no bond warrant for your arrest. If you violated probation then contact an experienced criminal defense attorney at Sammis Law Firm in Tampa, FL.
We can help you decide how to come into compliance with your probation before the warrant is issued. If the warrant has already been issued, your attorney might be able to file a motion for your surrender in the courtroom so that you do not have to go into custody.
During the motion to surrender, the court can decide whether to give you any relief. The best results come from having a good plan to come back into compliance so that you can show the judge that you will be able to successfully complete the probation.
Call us at 813-250-0500 to discuss any VOP in a DUI case in Tampa or Plant City, FL.
Violation of Probation for DUI
The conditions required for even a first DUI in Tampa, Hillsborough County, FL, are burdensome and expensive. Not surprisingly, many people violation probation because they fail to complete a certain condition within the time allowed.
Once the probation officer alleges that you failed to complete a certain condition within the time allowed, then the probation officer will submit a report to the judge which typically asks the judge to issue a warrant for your arrest.
After the probation officer alleges that you violated probation, the judge typically has four choices:
- issue a "no bond warrant" for your arrest;
- issue a warrant for your arrest but allow for a bond; or
- issue a notice that requires you to appear without being arrested for a future violation of probation hearing; or
- decide not to take any action on the report.
Motion to Surrender on DUI for Violation of Probation (VOP)
The most common scenario after a violation of DUI probation involves the judge issuing a warrant for your arrest. If a "no bond" warrant is used, in certain cases (depending on the particular facts and circumstances) your attorney may be able to file a "motion to surrender" that allows you to see the judge to ask for the warrant to be withdrawn.
These motions to surrender are particularly helpful in cases in which you are able to immediately come into compliance with the terms and conditions of probation.
This article was last updated on Friday, January 5, 2018.