DUI Probation Violations
Tampa DUI Probation Lawyer
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. Other judges for Tampa DUI cases may allow "automatic" early termination after six (6) months assuming that all special conditions have been completed.
Violation of Probation
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 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 that they judge withdraw the warrant. 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.
If you believe that your probation officer is going to issue a report concerning a violation of DUI probation in Tampa or Plant City, Hillsborough County, FL. Contact an attorney at the Sammis Law Firm to discuss your DUI violation of probation case today. Our attorneys are experienced in representing clients in these types of DUI cases. Call 813-250-0500 today.