Florida Violation of Probation Attorney – How I Defend You When a New DUI Threatens Your Future

If you're currently on probation in Florida and were just arrested for a DUI, you are facing two serious legal situations at once. Not only must you answer to the new criminal charge, but your probation officer can file an affidavit alleging that you violated the terms of your existing probation. That means you could face consequences from both cases, including jail time, a permanent conviction, and the loss of any leniency you previously earned.

As a private defense attorney, I’ve helped clients across Florida avoid the harshest outcomes in these cases. Let me walk you through what this means, what defenses might apply, and why having an attorney like me—someone who fights hard in both the probation and the new DUI case—is essential if you want to protect your record, your job, and your freedom.

What Florida Law Says About DUI While on Probation

Florida Statute § 948.06 gives probation officers and courts the power to file and enforce a violation of probation (VOP) when a probationer is alleged to have broken the terms of their release. One of the most serious violations occurs when a new crime is committed, even if the new charge is unrelated to the original offense.

The statute states:

“A probationer or offender in community control who is arrested for a violation of probation shall be brought before the court that granted the probation… If such violation is established, the court may revoke, modify, or continue the probation.”

When the new offense is a DUI, Florida Statute § 316.193 comes into play. This statute defines driving under the influence as:

“Driving or being in actual physical control of a vehicle within this state while under the influence of alcoholic beverages, any chemical substance… when affected to the extent that the person’s normal faculties are impaired or the person has a blood-alcohol level of 0.08 or more.”

Being charged with a new DUI is enough to spark a violation of probation, regardless of whether you've been convicted yet. This is what many people do not realize: a DUI arrest, not just a conviction, is sufficient to land you in front of a judge on a VOP.

Why a New DUI While on Probation Is So Serious

When you’re on probation, you’re under the supervision of the court. The judge has already given you a chance to avoid jail or prison. Violating that trust—even through an allegation of DUI—often results in a much tougher sentence the second time around. The court could:

  • Revoke your probation

  • Order you into custody immediately

  • Impose the original suspended sentence

  • Add new penalties from the DUI conviction

In many cases, the burden of proof in a VOP hearing is lower than in a criminal trial. The state does not need to prove the DUI beyond a reasonable doubt. Instead, they only need to prove the violation by a "preponderance of the evidence," which makes it even more important to have private legal representation to push back and control the narrative early.

Defenses I Use in DUI-Related Probation Violations

As a Florida Violation of Probation Attorney, I know that the path to protecting your freedom is different in every case. Some of the most effective defenses I’ve used include:

1. Challenging Probable Cause for the DUI Arrest

If law enforcement did not have a valid reason to stop your vehicle or lacked evidence of impairment, I can file motions to suppress that evidence. If the DUI case is weak, I can use that to weaken the VOP case as well.

2. Independent DUI Defense

Even if the state proceeds with both cases, I work to challenge the DUI charge on its own merits. If the charge is dropped or reduced, I can then argue that there is no lawful basis for the violation of probation.

3. Procedural Failures

Sometimes the probation officer files the affidavit of violation late, or the state fails to schedule a timely hearing. These issues can be used to your benefit when pressing the court to consider dismissal or modification instead of revocation.

4. Technical Violation vs. Substantive Violation

A DUI arrest is typically considered a “substantive” violation because it involves a new crime. However, if the facts are murky—for instance, if you were not the driver or were parked while intoxicated—I may be able to argue that the facts do not rise to the level of a substantive violation.

5. Rehabilitation-Based Mitigation

In some cases, the best result is not just proving that the violation didn’t happen—but showing that you're taking serious steps to correct behavior. Entering a substance abuse program, showing employment progress, or undergoing alcohol monitoring can reduce the court’s urge to revoke probation.

Real Case Example: DUI While on Probation for Drug Possession

One of my clients had been on probation for felony drug possession and was pulled over for erratic driving on I-75 in Gainesville. He was arrested for DUI after allegedly failing a field sobriety test and blowing just over the legal limit. His probation officer quickly filed a VOP, and he was held without bond in the county jail.

The state was pushing for the maximum penalty—prison time for the original drug offense and a separate sentence for the DUI.

I immediately got involved. After reviewing dashcam footage, I filed a motion to suppress the stop due to lack of reasonable suspicion. At the same time, I obtained medical records showing the client had a neurological issue that affected his balance, explaining his performance on the field sobriety test.

While working with the prosecutor, I arranged for the client to voluntarily enter a residential treatment program, which we used to demonstrate his willingness to change.

The DUI charge was ultimately dropped. The court reinstated his probation with tighter terms instead of sending him to prison. My client kept his job and got the help he needed.

That kind of outcome doesn’t happen when you rely on an overworked public defender or wait too long to act.

Why You Need a Private Attorney for DUI-Related Probation Violations

The consequences of a violation of probation are different from those in your DUI case. The court can move much faster and has far more discretion in what to do next. You could be taken into custody immediately and held without bond until the VOP hearing. Your probation judge may not be the same judge in the DUI case. And your criminal record is on the line in both courts.

Public defenders are often limited in time, resources, and how aggressively they can handle cases like this. As a private attorney, I focus on each detail, build a two-part defense plan, and keep you informed throughout the process. I don’t just handle the VOP—I take control of the DUI case, evaluate the evidence, and find ways to protect your future from the fallout of one night’s mistake.

Other Florida Statutes That Could Apply

  • Florida Statute § 948.06(2)(e) – No bond requirement for certain violations, including new felony or misdemeanor arrests while on felony probation.

  • Florida Statute § 921.0024 – Criminal punishment code scoresheet considerations, which can affect whether a VOP results in prison time.

  • Florida Statute § 316.193(6) – Mandatory minimum penalties for DUI, which can apply even while still under supervision from a prior offense.

These laws show how quickly the situation can escalate and how multiple statutes may be used by prosecutors to justify a harsher outcome.

Florida Violation of Probation After a DUI Frequently Asked Questions

What is the difference between a technical and a substantive probation violation in Florida?

A technical violation involves missing a meeting with your probation officer, failing to complete community service, or not paying fines. A substantive violation occurs when you commit a new criminal offense. A DUI is a substantive violation, which courts view much more seriously. Judges tend to be more lenient with technical violations but may revoke probation entirely over a DUI. That’s why I build a strategy aimed at discrediting the DUI charge early, so the VOP case has less traction.

Can I be arrested and held without bond for violating probation due to DUI?

Yes. Under Florida law, especially Florida Statute § 948.06(2)(e), the court can deny bond for violations that involve a new criminal offense while on felony probation. This is one of the biggest shocks for people—they often find themselves jailed with no immediate way out. I work fast in these cases to request a bond hearing or a release on supervised conditions. In some cases, I can argue that the violation is not sufficiently supported to justify continued incarceration.

Will I automatically go to jail if I violated probation with a DUI?

Not automatically. While probation violations give the court wide discretion, there is no legal requirement to impose jail time. The key is showing the court why you are a good candidate for continued probation or modified terms. I often present character letters, treatment enrollment, employment records, and other evidence that shows the client deserves a second chance. The earlier I get involved, the more persuasive our mitigation strategy can be.

What happens to my probation if the DUI is dismissed?

If I succeed in getting your DUI charge dropped, the state may still try to proceed with a violation of probation based on the arrest alone. However, your chances of defeating the VOP increase significantly. That’s why I work both sides of the case at the same time. I push for dismissal of the new charge, then file motions to dismiss or defend against the probation violation. Even if the court wants to impose some penalty, I can often negotiate for community sanctions rather than incarceration.

Can a public defender handle my VOP and DUI case together?

Public defenders are assigned based on courtroom availability and caseloads. You might not get the same attorney for both cases, and even if you do, their resources are often stretched too thin to give your case the time it deserves. As a private Florida Violation of Probation Attorney, I take full ownership of both the VOP and DUI matter and create a plan that works across both cases. That consistency is a major reason my clients see better results.

Call a Florida Violation of Probation Attorney Today – Get Immediate Help Before It’s Too Late

If you or someone you care about has been arrested for DUI while on probation, your freedom is on the line. You could be sent to jail immediately and face severe long-term penalties. The key to protecting yourself is acting quickly.

I defend clients throughout Florida who are accused of violating probation due to DUI and other new charges. I take your call personally, review both your probation and DUI history, and start building a defense right away.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle