What are the conditions of DUI probation in Florida?

Probation is part of nearly every Florida DUI sentence, and for many people it is the longest-lasting part. Some conditions come straight from the DUI statute, s. 316.193, and the judge has no choice about them. Others come from the general probation law in chapter 948, which lists standard conditions and lets the judge add more. This page explains both, what supervision costs, and what happens if a condition is missed. The DUI case as a whole is covered on our main DUI defense page. This page is about the conditions themselves; defending an accused violation is covered on our probation violation defense page. Every statute below was checked against the official text on October 25, 2026.

How does DUI probation work, step by step?

1. Sentencing. After a DUI conviction, the court must place the person on monthly reporting probation (s. 316.193(5)). Adjudication cannot be withheld for DUI (s. 316.656(1)), so probation follows a conviction, not a withhold.
2. The written order. The judge signs an order of probation listing every condition. Conditions from s. 948.03 "do not require oral pronouncement at the time of sentencing," so a condition can appear in the written order even if it was not read aloud (s. 948.03(1)).
3. The first report. The person reports to the probation office as directed. Reporting can be remote if it is approved by the probation officer, the county probation authority or the Department of Corrections, and the court has not ruled it out (s. 948.03(1)(a)).
4. DUI school and evaluation. The person enrolls in a substance abuse course from a DUI program licensed by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), which includes a psychosocial evaluation. If the program refers the person to treatment, finishing it becomes a condition of probation (s. 316.193(5)). Where to enroll is listed in DUI school in Palm Beach and Broward County.
5. Community service and the car. The hours are worked off at approved sites, and the court-ordered impoundment or immobilization is carried out, not at the same time as any jail term (s. 316.193(6)(a)). The impound rules are on our page about what happens to your car after a Florida DUI.
6. Monthly payments. Supervision fees, the fine, court costs and any restitution are paid on the schedule set in the order.
7. The end of the term. When the term ends, the person is released from probation and cannot be sentenced again for that offense (s. 948.04(2)).

Which conditions does the DUI law require?

The table follows ss. 316.193(2), (4), (5) and (6). For the second and third conviction, at least 48 hours of the jail term must be consecutive, and the impoundment runs at the same time as the license revocation (s. 316.193(6)(b), (c)). The court may let the person serve jail time in a residential alcoholism or drug abuse treatment program and must credit that time (s. 316.193(6)(m)). How long the device stays on, and on which cars, is covered in ignition interlock after a Florida DUI.

What standard conditions can the judge add?

Section 948.03(1) lists conditions the court may include, and they may be considered standard conditions of probation. Among them, the person must:

• report to the probation officer as directed, and allow visits at home or elsewhere;
• work faithfully at suitable employment insofar as possible, and support legal dependents;
• live without violating any law; a conviction is not needed for a new law violation to count as a probation violation (s. 948.03(1)(e));
• pay restitution for any damage or loss, which the court must order unless it finds clear and compelling reasons not to (s. 948.03(1)(f));
• submit to random testing for alcohol or controlled substances as directed (s. 948.03(1)(l));
• not possess, carry or own a firearm, and no other weapon without the officer's consent (s. 948.03(1)(m));
• not use intoxicants to excess, not possess drugs without a prescription, and not knowingly visit places where intoxicants or drugs are unlawfully sold or used (s. 948.03(1)(n));
• not associate with persons engaged in criminal activities (s. 948.03(1)(k)).

The list is not a ceiling. The court may add any other condition it considers proper, and may rescind or modify conditions at any time (s. 948.03(2)). A DUI order may set a stricter alcohol rule than the "to excess" wording. The court may also order a qualified sobriety and drug monitoring program, at the person's own expense, using twice-daily breath tests, continuous transdermal alcohol monitoring in cases of hardship, or random blood, breath, urine or oral fluid tests (s. 316.193(6)(j)).

How long does DUI probation last, and what does it cost?

A misdemeanor probation term may not exceed 6 months unless the court specifies otherwise, but it may run up to 1 year for an offense in which alcohol or a controlled substance is a significant factor (s. 948.15(1)). For a first DUI conviction, the DUI statute itself caps probation at 1 year, and the probation and any jail together may not exceed 1 year (s. 316.193(6)(a)). A felony DUI, such as a third conviction within 10 years, falls under the felony rules, where probation is supervised for no more than 2 years unless the court specifies otherwise (s. 948.04(1)); those cases are covered on our felony DUI page.

Anyone on misdemeanor probation in county court must pay at least $40 a month, as the court decides, to the entity providing the supervision (s. 948.09(1)(b)). The person also pays the reasonable costs of DUI school, evaluation and treatment (s. 316.193(5)), the impound or immobilization fees (s. 316.193(6)(k)) and the interlock. Failure to pay supervision costs can be a ground for revoking probation (s. 948.09(3)). All the costs of a DUI, added together, are on our page about how much a DUI costs in Florida.

What changes the answer?

• Hardship with community service. The court may order $10 for each hour instead of the work, but only if it finds the person's residence or job would make the service an undue hardship (s. 316.193(6)(a)).
• Inability to pay the fine. The court may order additional community service in place of the part of the fine the person cannot pay, valued at no less than the federal minimum wage (s. 316.193(6)).
• The family car. The court must dismiss an impoundment order if the owner's family has no other private or public means of transportation, and may dismiss it if a working, certified interlock is on every vehicle the person owns or leases and routinely drives (s. 316.193(6)(g), (i)).
• Treatment referral. A treatment referral from the DUI program cannot be waived without an independent psychosocial evaluation by a court-appointed provider, paid for by the person (s. 316.193(5)).
• Early termination. For probation imposed on or after October 1, 2019, the court, on motion, shall end supervision early or convert it to administrative probation once the person has completed half the term and every other condition, with no violation found, unless a negotiated sentence excluded it or the court makes written findings that continued supervision is needed (s. 948.04(4), (5)).
• A program instead of a DUI conviction. In Palm Beach County, the State Attorney's first-time DUI program, as its 2026 document states, ends with a reckless driving plea and 12 months of probation under s. 948.15 with "No Early Termination." Its conditions are explained on our page about the Palm Beach County first-time DUI program.

What happens if I miss a condition?

When there are reasonable grounds to believe the person violated probation "in a material respect," a probation officer, or a law enforcement officer aware of the probation, may arrest without a warrant (s. 948.06(1)(a)), and the judge may issue a warrant on an affidavit (s. 948.06(1)(b)). If the violation is admitted or proven, the court may revoke, modify or continue probation. If it revokes, it may impose any sentence it could have imposed originally (s. 948.06(2)(a), (b), (e)). Whether a person can be released while the violation is pending is covered on our page about bond on a probation violation in Florida. The hearing itself, and the judge's options, are explained in what happens at a probation violation hearing.

Some missteps count as "low-risk" violations, including a positive drug or alcohol test, missing a report, missing a required class or treatment session, and falling behind on community service or payments (s. 948.06(9)(b)). Each circuit runs an alternative sanctioning program for these (s. 948.06(9)(a)). There is also a license consequence that does not wait for the judge: if a person referred to treatment fails to report for it or complete it, or does not finish the DUI program course and evaluation, the program notifies the court and FLHSMV, and FLHSMV cancels the driving privilege (s. 316.193(5)).

A worked example

For example, take a hypothetical first-time driver convicted of DUI in Broward County with a breath result of 0.11, no crash and no passengers. The judge sentences her to 12 months of monthly reporting probation with 50 community service hours, DUI school with any treatment it recommends, a 10-day immobilization of her car, and the standard conditions, including random testing. She pays at least $40 a month for supervision. Six weeks in, the DUI program refers her to a treatment course, and she stops attending because of work. If the program reports that she failed to complete it, FLHSMV cancels her license, and her officer may treat the missed sessions as a low-risk violation. If she re-enters treatment and has finished the DUI course and evaluation, FLHSMV may temporarily reinstate a restricted privilege once the program verifies it (s. 316.193(5)). Had her result been 0.15 or more, an interlock of at least 6 months would also have been mandatory. The driver and the facts are invented to show how the conditions fit together; no result is predicted for any real case.

Common mistakes people make

• Treating DUI school as optional or putting it off; missing it can cancel the license without a court hearing.
• Doing community service at a site the probation office has not approved.
• Drinking when the order forbids any alcohol, on the assumption that only "excess" use counts.
• Missing monthly payments without asking the court for a change based on ability to pay.
• Leaving the county without permission, which s. 948.06(9)(b) lists as a violation.
• Not asking about early termination once half the term and every condition are done.

What to do this week

1. Read the signed order of probation line by line and list every condition with its deadline.
2. Enroll in a licensed DUI program and keep the receipt and the evaluation date.
3. Ask the probation office for the list of approved community service sites.
4. Set up the monthly payment and keep every receipt.
5. Calendar the impoundment or immobilization dates and arrange other transportation.
6. If anything looks impossible to meet, talk with a defense attorney before it becomes a violation.

Frequently asked questions

Can I drink alcohol while on DUI probation?

It depends on the order. The standard condition in s. 948.03(1)(n) forbids using intoxicants "to excess," but the court may add stricter conditions under s. 948.03(2). The Palm Beach first-time DUI program's tiers, for example, forbid any possession or consumption of alcohol during probation.

Can my probation be ended early?

Possibly. Section 948.04(4) requires the court, on motion, to end supervision early or convert it to administrative probation once its conditions are met, unless a negotiated sentence excluded it or the court finds in writing that continued supervision is necessary. The half-term rule and the other requirements are set out in whether probation can end early in Florida.

Can I report remotely if I work out of town?

Remote reporting is allowed if the probation officer, the county probation authority or the Department of Corrections approves it, and the court's order does not exclude it (s. 948.03(1)(a)).

What if I cannot afford the supervision fee?

Tell the court and the officer early. The fee is "not less than $40 per month" for misdemeanor probation (s. 948.09(1)(b)), but a court that finds a person unable to pay the fine may convert part of it to community service (s. 316.193(6)).

Is a new arrest automatically a violation?

A new arrest can be the basis of a violation charge even without a conviction, because the condition is to live without violating any law (s. 948.03(1)(e)). The judge still decides whether a violation occurred.

Does finishing probation clear the DUI?

No. It ends the sentence, but the conviction remains. Whether anything can be done with the record afterward is covered in whether a DUI can be sealed or expunged.

How can Mr. Mead help?

Probation terms are often settled at sentencing, so the time to raise a hardship with community service, an impound order or the length of the term is before the order is signed. Mr. Mead has more than three decades of criminal defense in South Florida, and he can review the conditions with you, explain what each requires, and help address a problem before it becomes a violation. Every case is different, and no result can be promised. Local court details are on our Broward County page. The consultation is free, and you can call 24 hours at (561) 362-6677.

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