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DUI Probation Violation

Driving under the influence is a serious crime and can result in various penalties such as probation. Probation, also known as community supervision, is a type of alternative sentencing where you must follow certain conditions for a period. These conditions can be incredibly stifling and hinder your daily activities but violating them comes at a cost.

Violating your probation can result in your community supervision being revoked. This means you could be sentenced to serve out the rest of your time in jail. If that doesn’t happen, then the judge could impose additional conditions to your probation or lengthen it. If you or someone you know has been arrested for violating probation, then contact an experienced and skilled defense attorney.

DUI Defense Attorney for Probation Violation in Palm Beach County, FL

Violating your DUI probation can lead to just as serious consequences as a DUI. You could face additional conditions to your probation or even be sent to jail or prison. To fight for your rights and future, contact the attorneys at Meltzer & Bell, P.A..

Contact us now at (561) 557-8686 to set up your first free consultation. We can set up your fist consultation completely free and assist you with your case. Our offices are located in West Palm Beach but we practice throughout the greater Palm Beach county area including Wellingotn and Boca Raton.

Overview of DUI Probation Violation in FL

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Probation Conditions for DUI in Florida

Florida law states all DUI convicted offenders must be placed on some type of community supervision for a period. This is determined by the court as well as the conditions associated with your probation. Many DUI offenders choose to serve probation so they can avoid jail time.

Probation is different for every case, but most DUI offenders must do the following:

  • Meet with your probation officer monthly;
  • Be truthful with your probation officer;
  • Attend alcohol or substance abuse counseling or treatment;
  • Submit to random alcohol or drug testing;
  • Not violate any laws;
  • Retain steady lawful employment;
  • Agree to not to use any intoxicants in excess or possess drugs;
  • Be truthful with your probation officer;
  • Be accessible at your home or work for your probation officer to check on you;
  • Pay the state $50 a month or any other probation-related cost;
  • Not violate any laws;
  • Retain steady lawful employment;
  • Agree to not to use any intoxicants in excess or possess drugs;
  • Be truthful with your probation officer;
  • Not possess, carry or own any firearms without your probation officer’s consent;
  • Complete DUI school; and
  • Finish all 50 community service hours

Violating any of these conditions can result in your probation being revoked.

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Penalties for Violating DUI Probation in Florida

If your probation is revoked, then you must face the statutory penalties for DUI again. You may be required to spend the rest of your probation in jail or prison depending on your charges. The following are the penalties for driving under the influence in Florida.

  • First DUI Offense
    • Up to six months in county jail; and
    • Possible fine between $500 and $1,000.
  • Second DUI Offense
    • Up to nine months in county jail; and
    • Possible fine between $1,000 and $2,000.
  • Third DUI Offense
    • Up to 12 months in prison; and
    • Possible fine between $2,000 and $5,000.

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Additional Resources

FDC | Probation Services – Visit the official website for the Florida Department of Corrections (FDC) to learn more about the Melbourne Probation Circuit Office. Access the site to learn more about what the probation officer offers, directions to the office, the number of offenders under probation and general contact information.

Florida Probation Laws – Visit the official website for Online Sunshine, a collection of state laws for the state of Florida. Access the statutes to learn more about the terms and conditions of probation, how fees are processed, what an offender on probation isn’t and is allowed to do and more.

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Lawyer for DUI Probation Violation in West Palm Beach, FL

If you or someone you know has been arrested for DUI, then it’s vital you have legal counsel. For experienced counsel, call the attorneys at Meltzer & Bell, P.A.. We have excellent legal service and can use our experience to help your case. Let us be your legal partner in these matters by contacting the attorneys at Meltzer & Bell, P.A. today.

Pick up the phone and call (561) 557-8686 to set up your first appointment free. We can sit with you and answer any and all your legal questions. Meltzer & Bell, P.A. represents people throughout the greater West Palm Beach area such as Boca Raton, Wellington and Delray Beach.

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Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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