What Happens After a Florida DUI Probation Violation
Start a free AI-assisted chat and connect with an experienced Florida attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I just violated my probation and I need to know what the next steps are.
Attorney Answer
A probation violation puts the original sentence back on the table — the court can adjudicate you guilty of the underlying offense and impose any sentence it could have imposed at the start. That is why this is not a wait-and-see situation.
The governing statute is Fla. Stat. § 948.06, "Violation of probation or community control; revocation; modification; continuance." Three parts of it matter to you right now. First, it authorizes a probation officer or law enforcement officer to arrest you without a warrant for a violation. Second, at the violation hearing you are entitled to "an opportunity to be fully heard on his or her behalf in person or by counsel." Third, on a finding of violation the court may adjudge you guilty of the underlying offense and "impose any sentence which it might have originally imposed."
That third point is the one people misjudge. A violation hearing is not a re-run of the original case with the same starting position — it can end with the full sentence the judge suspended when you were placed on probation.
What you can do, in this order
1. Find out whether a violation report or warrant has already been filed. Check the county clerk's online docket for your case number, or call the clerk. Violation warrants are frequently issued with no bond. 2. If a warrant is out, get a lawyer to arrange a surrender rather than being picked up at work or at a traffic stop. Surrendering through counsel is the difference between a planned bond argument and a weekend in jail. 3. Cure whatever can be cured and document it: missed classes, missed payments, missed reporting. Completion certificates and receipts with dates are the most useful things you can hand a lawyer. 4. Understand that anything you say to your probation officer can be reported to the court. Be truthful, but get advice before explaining yourself in detail. 5. If you cannot afford a lawyer, apply for court-appointed counsel through the clerk of court immediately. Section 948.06 guarantees you the opportunity to be heard by counsel at the hearing — that only helps if counsel is in place. 6. Do not miss any scheduled appointment or court date while this is pending. A second violation on top of the first removes most of your options.
Use of this Chat does not create an attorney-client relationship. Conversations are for informational purposes based on what you share.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in Florida
- File or look up a case through the Florida State Courts.
- Get free civil legal help from FloridaLawHelp.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Can I be arrested without a warrant for a violation?
Yes. Fla. Stat. § 948.06 authorizes a probation officer or a law enforcement officer to arrest a probationer for a violation without a warrant. That is one reason to find out now whether a violation has been reported, rather than waiting to be picked up.
Do I get a jury for a violation hearing?
No. A violation hearing is before the judge. Fla. Stat. § 948.06 gives you the opportunity to be fully heard in person or by counsel, which means you can present evidence and testify, but there is no jury and the process is not a new trial on the original charge.
Could the judge just continue my probation instead?
The statute's title includes revocation, modification and continuance, so continuing or modifying probation is within the court's options. Whether that happens in your case depends on the violation alleged, your history, and what you have done to fix it — which is why documented proof of any cure matters more than an explanation.
