by Dunn Law Firm | Mar 26, 2025 | Blog, Criminal Defense
Being accused of violating your probation can feel overwhelming. Probation is often seen as a second chance – an opportunity to serve your sentence in the community instead of behind bars. But if the terms of probation aren’t followed, you could face a Violation of Probation (VOP) charge that puts your freedom at risk. This is true for both felony and misdemeanor probation cases in Florida, including those in Sarasota and Manatee counties. In this post, we’ll explain what counts as a probation violation, how Florida law (and local courts) handle VOPs, and what consequences you might face. We’ll also discuss how The Dunn Law Firm approaches VOP defense with skill and compassion, always aiming to get you back to your life as soon as possible.
What Is a Violation of Probation (VOP) in Florida?
Under Florida law, a probation violation occurs when a probationer “willfully and substantially” fails to comply with the terms and conditions of probation . In other words, not every minor slip-up will count – the violation must be important (material) and done knowingly or through neglect, rather than by mere accident. For example, missing an appointment because you intentionally didn’t go is different from missing it due to a genuine emergency. It’s the State’s burden to prove the violation, and they must prove it by the “greater weight of the evidence,” also known as a preponderance of the evidence . This is a lower standard of proof than in a normal criminal trial (which requires proof beyond a reasonable doubt).
It’s important to note that Florida Statutes § 948.06 is the primary law governing probation violations . This statute outlines the procedures for VOPs, including how violations are reported, how arrests are made, and what options a court has when handling a VOP. Essentially, if your probation officer alleges that you violated probation, they will file an affidavit with the court (under § 948.06) and a judge may issue a warrant for your arrest . Once you are brought before the court, you’ll be informed of the charges and can choose to either admit the violation or deny it and fight the allegations in a hearing.
Technical vs. Substantive Violations of Probation
Florida law recognizes two types of probation violations: technical violations and substantive violations . Understanding the difference between these is critical, as it can impact how the court (and your attorney) approaches your case. In simple terms, a technical violation happens when you break the rules of probation, whereas a substantive violation means you’re accused of breaking the law (committing a new offense) while on probation.
Technical Violations
A technical violation is any violation of your probation conditions that is not a new criminal offense. Florida law formally defines a technical violation as an alleged violation that does not involve a new felony, misdemeanor, or criminal traffic offense . In practical terms, these are infractions of the rules set by the court or probation officer. Common examples of technical violations include :
• Failing to report to your probation officer as scheduled
• Missing or skipping a court-ordered class, counseling session, or community service
• Failing an alcohol or drug test (testing positive for substances prohibited by your probation)
• Not paying required fines, court costs, or restitution by the deadline
• Traveling outside the approved area (leaving the county or state) without permission from your probation officer
All of the above are breaches of your probation conditions , but they do not involve new criminal charges. Even so, they are taken seriously by the court. Any technical violation must be willful and substantial – meaning the probation officer (and prosecutor) will try to show you knowingly failed to comply in a significant way, not due to a minor oversight or unavoidable circumstance. For instance, a one-day late payment might not be considered “substantial,” but repeatedly failing to make payments or attend required programs could be.
The good news is that Florida law has been moving toward more leniency for minor technical violations, especially first-time issues. In fact, if you commit a low-risk technical violation for the first time (and you’re not on probation for a very serious offense), the law requires the court to consider modifying or continuing your probation rather than revoking it . We’ll discuss later what “modify” means, but essentially the court might give you an extra chance – for example, extend your probation or add a sanction – instead of throwing you in jail right away. Nonetheless, even a technical VOP can result in your arrest and time in custody while your case is pending, so it’s not something to take lightly.
Substantive Violations
A substantive violation of probation (sometimes called a “new law” violation) occurs when you are accused of committing a new crime while on probation . This could be any new criminal offense – for example, getting arrested for theft, DUI, or any other misdemeanor or felony – or even certain serious traffic offenses. Substantive violations are generally viewed as more severe than technical ones, because they suggest a breach of not just court-imposed rules but the law itself.
If you pick up a new charge while on probation, a judge will likely sign a VOP warrant quickly. In many cases, you’ll be held in jail without bond (especially if it’s a felony) until the probation violation is resolved, because the court sees you as having already been given a chance on supervision. An important thing to understand is that the probation violation process is separate from the new criminal charge. You can actually be found in violation of probation even if the new charge is later dropped or you’re found not guilty of that new offense. This is because the standard of proof at a VOP hearing is lower – the judge only needs to be reasonably satisfied (by a preponderance of evidence) that you committed the offense, not beyond a reasonable doubt . In other words, an acquittal in criminal court doesn’t automatically wipe out the violation, and prosecutors can still try to prove the conduct happened at the VOP hearing .
Substantive violations almost always lead the court to consider revoking your probation. The idea is that if someone commits a new crime on probation, they may not be a good candidate to remain in the community. However, outcomes can vary – for a less serious new offense or a borderline case, a skilled attorney might persuade the court to give you another chance (for example, by extending probation or imposing a short jail stint as a wake-up call). We’ll cover the possible outcomes in a moment, but keep in mind that a substantive VOP means you’re facing both the new charge and the consequences of violating your existing probation.
The VOP Process: What Happens After a Violation Is Alleged?
When a probation officer believes you have violated your probation (whether technical or substantive), they will initiate the VOP process. Here’s an overview of how things typically unfold in Sarasota, Manatee, and throughout Florida:
1. Affidavit and Warrant: The probation officer prepares a violation report/affidavit detailing the alleged violation and submits it to a judge . Based on this affidavit, the judge will usually issue a warrant for your arrest (for a substantive violation, this is virtually certain, and even for technical ones a warrant is common unless your violation is very minor). In felony cases, VOP warrants are often “no bond,” meaning once you’re arrested, you cannot bond out of jail while awaiting the violation hearing. In misdemeanor cases, the judge might set a bond, but often they still require you to appear before the court first. The rationale is that you are already serving a sentence (probation), so you don’t have the same right to bail as someone merely accused of a new crime.
2. Arrest and First Appearance: Once the warrant is active, you can be picked up by law enforcement at any time, or you can turn yourself in (sometimes arranging a surrender with your attorney can be beneficial). After arrest, you’ll go to a first appearance (within 24 hours) where a judge will inform you of the alleged violation . At this stage, if you admit the violation, the court that originally sentenced you can be notified to handle the case quickly . If you deny the violation (which is your right), the first appearance judge will typically keep you in custody or occasionally grant a bond (again, bonds are rare in felony VOPs) . There is no constitutional right to bond in a VOP case , and Florida law even prohibits bond for certain serious offenders or violations (for example, under the Anti-Murder Act, discussed below). In short, expect to remain in jail until your VOP hearing, especially for a felony probation violation.
3. No Jury & Different Rules: A violation of probation does not involve a jury trial. Instead, you will have a hearing in front of a judge of the court that placed you on probation. This hearing is much more informal than a regular trial. In fact, many of the usual protections for defendants aren’t present. For instance, you have no right to a speedy trial for a VOP – the case can take time and that delay won’t automatically help you. You also cannot simply demand a jury – the judge alone will hear the evidence and decide. Perhaps most importantly, the burden of proof is lower: the prosecutor only needs to prove that you more likely than not violated your probation (by a preponderance of evidence) . That’s a significantly easier threshold than “beyond a reasonable doubt.” Additionally, hearsay evidence is admissible in VOP hearings . This means the State can introduce certain evidence or reports that would normally be excluded as hearsay in a trial, though a violation cannot be based solely on hearsay (there must be some direct evidence or witness testimony to support it).
You also should be aware that as a probationer, your Fifth Amendment rights are more limited in this context. You can be called to testify at your VOP hearing, and if you refuse, it might hurt your case. In fact, you can be forced to testify against yourself to answer the court’s questions about whether you complied with probation . (However, anything you say in a VOP hearing generally can’t be used to prosecute the new criminal charge against you – it’s only for the probation matter.)
All these differences make VOP hearings easier for the State to prove than a normal criminal case . The judge often hears from the probation officer and any relevant witnesses (for example, if you’re accused of a new crime, an officer or victim from that case might testify). Your defense attorney can cross-examine these witnesses and present evidence on your behalf – including evidence that the violation was not willful or that you have a valid excuse. You also have the right to present mitigating circumstances (reasons why, even if you messed up, you deserve leniency). After hearing both sides, the judge will decide whether you violated your probation.
4. The Violation of Probation Hearing & Outcomes: At the final VOP hearing, the judge will either find you not in violation (in which case you simply continue on probation as before, with perhaps a stern warning), or find you in violation. If you admit the violation upfront, you won’t have an evidentiary hearing – we’ll go straight to what consequence you’ll face. If you contest it and lose, the result is the same as an admission in terms of next steps: the judge must decide what to do with your probation now.
Florida law gives the court three options once a violation is established (either by your admission or the judge’s finding) :
1. Reinstate your probation – essentially continue probation as before, possibly with no additional punishment. (This is usually if the violation was minor or there are strong mitigating factors. You basically get another chance on probation.)
2. Modify your probation – change the terms of your probation as a penalty or to tighten supervision. For example, the judge might extend the length of your probation, add new conditions (such as more community service, counseling, or a curfew), or even require a short stint in jail as a condition of continuing on probation . The idea is to sanction you for the violation without revoking probation entirely.
3. Revoke your probation – this is the most serious outcome. Revocation means your probation is terminated because of the violation, and now the judge can re-sentence you on the original charge. If probation is revoked, the court is required to adjudicate you guilty of the underlying offense (if it was originally a withhold) and impose a sentence for that crime .
Revocation essentially turns the clock back to when you were originally charged and allows the judge to impose any sentence that was available at that time . This is where the distinction between misdemeanor and felony, and the specifics of your original offense, become very important.
Consequences of a VOP in Florida (Misdemeanor vs. Felony)
If your probation is revoked, the sentencing for your original offense is back on the table. The judge can now impose up to the maximum penalties allowed by law for that offense . The exact consequences will depend on whether you were on probation for a misdemeanor or a felony:
• Misdemeanor VOP: Misdemeanor probation violations are handled in county court. If revoked, you could face up to the maximum jail time for the misdemeanor. For example, a first-degree misdemeanor (like DUI or petit theft) carries up to 1 year in county jail, and a second-degree misdemeanor (like disorderly conduct) carries up to 60 days in jail. Even if you originally avoided conviction or jail through probation, a violation can result in a conviction on your record and immediate jail time (up to those maxima) . The judge might also impose fines if those were an option. However, judges often try to fit the punishment to the violation – for a first-time technical violation on a misdemeanor, the judge might be more inclined to reinstate or modify probation rather than impose the full jail term.
• Felony VOP: Felony probation violations are handled in circuit court, and they carry the risk of state prison time. Upon revocation of a felony probation, the judge can sentence you to any term up to the statutory maximum for the felony offense you originally committed . For instance, if you were on probation for a third-degree felony (maximum 5 years in prison) and you violate, you now face up to 5 years in prison. For a second-degree felony, up to 15 years, and for a first-degree felony, up to 30 years (or even life, if it was a life felony). It doesn’t matter that you were previously given a lighter sentence (probation) – with the probation revoked, the court can treat it as if you are being sentenced anew. That said, the court will consider the circumstances of the violation and your performance on probation before deciding the sentence. Sometimes, even in a felony VOP, a judge might decide to reinstate or modify instead of sending you to prison – especially if the violation was technical and minor. But for substantive violations or repeat violations, prison becomes much more likely.
One thing to be aware of is that you typically won’t get credit for the time you spent on probation if your probation is revoked. (You usually do get credit for any jail time you served on the case before.) Probation is seen as an opportunity; if it’s revoked, the law allows the judge to impose the full sentence as if probation never happened. In some cases, the judge can even impose a new probationary term or community control (house arrest) after a period of incarceration, up to the time remaining on your original sentence.
Special Case – Violent Felony Offenders of Special Concern (Anti-Murder Act): Florida law imposes strict rules for certain individuals on felony probation, known as Violent Felony Offenders of Special Concern (VFOSC). If you fall into this category (generally, people on probation for serious violent crimes or who have a history of violent felonies), the law requires that you be held without bond upon a violation and mandates a very cautious approach by the court . You will have a special hearing to determine if you pose a danger to the community. If the judge finds that you do pose a danger, they must revoke your probation and sentence you up to the statutory maximum for the original offense . In other words, for VFOSCs, the court’s discretion is limited – public safety is the priority by law. If you’re found not to be a danger, the judge can then decide to reinstate or modify, but even then, the nature of the original offense makes courts very hesitant to be lenient. This Anti-Murder Act procedure mainly affects those on probation for violent or sexual felonies (like robbery, aggravated assault, sexual battery, etc.) or those who commit a new violent crime while on probation . The majority of probation cases (especially if your original charge was non-violent) won’t fall under this category, but it’s important to know about if it does apply to you.
At The Dunn Law Firm, we understand that good people can find themselves in tough situations. A probation violation doesn’t mean you’re a bad person or that you deserve the maximum punishment. Often, it means you need help – whether it’s help navigating a misunderstanding with your probation officer, getting into a treatment program to address an issue, or simply having someone tell your side of the story to the judge. Attorney Adam Dunn has experience handling VOP cases in Sarasota and Manatee counties and throughout Florida. Our approach blends formal legal strategy with a compassionate understanding of your situation, because we know what’s at stake: your freedom and your future.
Here’s how we help clients facing VOP charges:
Careful Review of the Violation: Not every alleged violation is open-and-shut. We scrutinize the probation officer’s allegations for any inaccuracies or ambiguities. Remember, the State must prove a willful and substantial violation. We have successfully argued that certain violations were not willful – for example, showing that missed payments were due to genuine inability to pay (and not ignoring the obligation), or that a missed meeting was due to a misunderstanding or lack of transportation. If the violation is debatable, we might decide to fight it in a hearing, forcing the State to prove it. Sometimes the evidence is weak or based mostly on hearsay, and we can get the violation dismissed or beat it in court.
• Technical Violations – Problem Solving: For technical violations, our philosophy is often to solve the problem before you face the judge. If you failed a drug test, we might get you into a treatment program or have you start attending NA/AA meetings to show you’re addressing the issue. If you didn’t complete community service, we’ll advise you to immediately complete as many hours as possible before the hearing. Judges appreciate when defendants take responsibility and corrective action on their own. By the time we go before the court, we can present evidence of your efforts to comply (clean drug test results, completion certificates, payment receipts, etc.). This significantly increases the chance of a favorable outcome – such as reinstating your probation – because it shows the violation won’t happen again.
• Substantive Violations – Managing the New Charge: If your VOP is due to a new arrest, you now have two cases: the VOP and the new criminal charge. Our firm can handle both, or coordinate with your attorney on the new charge, to make sure decisions in one don’t hurt the other. Sometimes, it may be wise to resolve the new charge first (for instance, if we can get the new charge dropped or reduced, it might help in the VOP hearing). Other times, we might handle the VOP first. Every situation is different. Rest assured, we will craft a strategy that considers all angles – such as whether admitting the violation might actually result in a lighter overall sentence, or whether it’s crucial to fight the violation to avoid prison. We also handle communication with the State Attorney’s Office, which in VOP cases can be somewhat more flexible in negotiation since the judge ultimately has broad discretion. In some cases, we can work out an agreement for a specific recommendation (for example, the prosecutor agrees to recommend reinstatement or a certain short jail term in exchange for an admission of the violation). While the judge is not bound by any agreement, such negotiations often set a tone for a more lenient outcome.
• Courtroom Advocacy: When it’s time for your hearing, The Dunn Law Firm will be your voice and shield. VOP hearings can be intimidating – it’s just you, your lawyer, the probation officer, the prosecutor, and the judge in a courtroom. We prepare thoroughly, which means if there’s a hearing, we will have witness testimony or evidence ready as needed (for example, maybe a family member or employer can testify that you have been doing well aside from this hiccup, or we can introduce letters of support, etc.). We make sure the judge hears who you are as a person, not just the fact that “a rule was broken.” If you made a mistake, we frame it in context – perhaps explaining the stress you were under, or how you’ve learned from it and taken steps to address it. Our goal in the courtroom is to humanize you and show that keeping you on probation (or otherwise imposing the mildest consequence) still aligns with justice and public safety.
• Focus on Getting You Back to Your Life: In every VOP case, our priority is to minimize disruption to your life. Probation is supposed to be a second chance; our job is to convince the court that you deserve to keep that chance. Whether that means avoiding jail time altogether or minimizing it, we fight for the outcome that lets you move forward. We know that even a short stint in jail can mean lost jobs, strain on families, and other long-term consequences. Whenever possible, we aim for outcomes like reinstatement of probation, extension of probation in lieu of jail, or entry into diversion programs instead of incarceration. Even in worst-case scenarios (where a judge is intent on revocation and a jail/prison sentence), we work to get you the shortest and fairest sentence possible under the circumstances. And we continue to treat you with dignity and respect throughout the process – our clients often say that having an attorney who actually cares made a huge difference for them during this stressful time.
Facing a VOP can indeed throw your life into turmoil – but you don’t have to face it alone. The Dunn Law Firm is here to guide you, fight for you, and help you make the best of a bad situation.
Get Experienced Help for Your VOP Case
A probation violation charge in Sarasota or Manatee County doesn’t have to derail your life. The stakes are high, but with knowledgeable and compassionate legal counsel, you have options for a second chance. Don’t wait to get help – the sooner your attorney can start working on your case, the better your chances of a positive outcome.
If you or a loved one is dealing with a VOP (whether misdemeanor or felony), contact The Dunn Law Firm today. Call Attorney Adam Dunn directly at 941-866-4352 to discuss your case and schedule a consultation. We’ll review the details, answer your questions, and develop a plan tailored to your situation. Remember, our goal is simple: to resolve your VOP in the best possible way and get you back to your normal life. Let us put our experience to work for you and help you navigate this challenge – your future is too important to leave to chance. Call us now, and let’s take the first step toward putting this probation violation behind you.
by Dunn Law Firm | Mar 11, 2025 | Drug Offense
The Opioid Crisis and New Laws in 2025: In response to the opioid epidemic, Florida has aggressively ramped up penalties for trafficking and distribution of dangerous drugs, especially fentanyl. Fentanyl – a powerful synthetic opioid – has been linked to many overdose deaths, and lawmakers have treated it as a top priority. A new Florida law (HB 1359) that took effect in late 2023 specifically targets “rainbow fentanyl” (fentanyl pills or candy-colored tablets designed to look enticing). This law enhanced fentanyl-related penalties to unprecedented levels, effectively treating certain fentanyl dealers like violent felons . For instance, anyone convicted of selling or trafficking fentanyl that is made to look like candy now faces a mandatory-minimum sentence of 3 years in prison, and if the fentanyl was distributed to a minor, the penalties jump to 25 years to life in prison, plus a $1,000,000 fine . Governor DeSantis and Florida’s Attorney General have publicly stated that drug traffickers who peddle fentanyl “should be treated like murderers” under the law .
Drug Trafficking vs. Simple Possession: It is critical for local residents to understand what elevates a charge from possession to trafficking. In Florida, “trafficking” doesn’t necessarily mean you were caught in the act of selling drugs – it is mostly defined by the weight or quantity of the substance. For fentanyl, possessing just 4 grams or more can be charged as trafficking rather than simple possession . Four grams is a very small amount (about 0.14 ounces) – for perspective, that could be just a few pills or packets. This means someone struggling with addiction who is found with a modest supply could suddenly be facing a trafficking charge with mandatory prison time. Florida law sets strict minimum prison terms based on weight brackets for opioids. For example, trafficking 4 to 14 grams of fentanyl carries a minimum 3-year prison sentence and a $50,000 fine, 14 to 28 grams carries a 15-year minimum and $100,000 fine, and 28 grams or more mandates at least 25 years in prison and a $500,000 fine . These penalties are on the same level as punishments for attempted murder or armed robbery – reflecting how seriously Florida takes drug trafficking. Even for other drugs like cocaine or heroin, similar weight-based laws apply (e.g. 28 grams of cocaine triggers a 3-year minimum sentence for trafficking). In short, if you are caught with more than user-level quantities of any narcotic, you could be charged as a trafficker and face decades behind bars.
Mounting a Defense in Trafficking Cases: Defending a drug trafficking charge is challenging but not impossible. Prosecutors must prove you knowingly possessed that quantity and often that you intended to sell or distribute it. Key defense strategies include:
• Challenging the Stop, Search, or Arrest: Just as in possession cases, many trafficking busts result from wiretaps, sting operations, traffic stops, or searches of homes. If your rights were violated at any stage – lack of a proper warrant, improper Miranda warnings, or illegal search – your attorney can seek to exclude evidence. In trafficking cases, suppressing the drugs or any recorded communications can weaken or even collapse the prosecution’s case.
• Questioning the Weight and Testing: The threshold amounts are critical. Your lawyer can demand strict proof of the drug’s weight. If the police seized a mixture or sample, was the entire batch tested and weighed accurately? Lab errors or inconsistencies in how the substance was measured can sometimes be exploited to push the alleged weight below a trafficking threshold (for instance, if some of the weight wasn’t actually illegal drugs).
• Lack of Knowledge or Intent: In some scenarios, people are unwitting couriers or caught in the wrong place at the wrong time. Perhaps you accepted a package for a friend, drove someone not knowing they carried drugs, or had a roommate storing drugs in your home without your knowledge. A strong defense is asserting you did not knowingly participate in any trafficking – you had no intent to traffic, and you were not aware of the quantity or presence of the drugs.
• Entrapment or Police Misconduct: If an undercover operation induced someone to commit a crime they weren’t predisposed to commit, entrapment could be a defense. Likewise, any proven misconduct (fabricating evidence, coercing witnesses) by officers can turn the tables, sometimes leading to a case being thrown out.
The Importance of Legal Representation: If you are arrested on a drug trafficking charge in Sarasota or Manatee, it is vital to involve a criminal defense attorney immediately. These cases move fast and carry high stakes – often, the State will seek a quick indictment and push for the mandatory minimum prison term. An experienced attorney can sometimes intervene early to negotiate with prosecutors before formal charges are locked in. In certain cases, a lawyer might persuade the State to file lesser charges (for example, reducing a trafficking charge down to simple possession if the situation warrants leniency). Moreover, attorneys can explore options like cooperating with authorities to potentially reduce charges, though this must be navigated very carefully with legal guidance. Given the extremely harsh sentences (some fentanyl trafficking cases are punishable by up to life in prison ), having a seasoned defense lawyer is your best hope of protecting your future. Your attorney will fight to either beat the charges or minimize the punishment – for instance, by highlighting mitigating factors (like your lack of prior record, or that you were addicted and not a profiteer) to argue for a downward departure from the mandatory sentence. In a climate where Florida is cracking down on drug crimes harder than ever, your choice of lawyer could make the difference between prison and freedom.
by Dunn Law Firm | Mar 6, 2025 | Criminal Defense, Florida DUI, Uncategorized
Facing a DUI charge in Sarasota or Manatee County can be overwhelming. Florida’s DUI laws are tough and have recently become even stricter as of 2024–2025, meaning the stakes are higher than ever for accused drivers . A conviction can lead to hefty penalties, loss of your driver’s license, and a criminal record that could impact your employment and freedom. Local law enforcement remains vigilant – for instance, Sarasota County recorded 776 DUI arrests in 2023 alone – so it’s crucial to understand what you’re up against.
This 2025 updated guide breaks down the key aspects of Florida DUI law, the penalties you might face, possible defenses, and why hiring an experienced DUI attorney is so important. Our goal is to inform and reassure you, so you can make smart decisions to protect your rights and driving privileges.
Understanding Florida DUI Laws in 2025
Under Florida law, you are guilty of Driving Under the Influence (DUI) if you drive or are in actual physical control of a vehicle while impaired by alcohol or drugs, or if you have a blood-alcohol level (BAL) of 0.08% or higher . In other words, even if you feel “okay to drive,” a BAC at or above 0.08 can automatically land you a DUI charge. Florida considers DUI a single offense whether proven by diminished faculties or by BAC level , and the penalties are the same regardless. There is zero tolerance for underage drivers as well (0.02% BAL threshold), and commercial drivers have a lower limit (0.04%).
Recent Law Changes: Florida’s legislature has tightened DUI laws with new measures effective 2024. For example, under HB 0039, if a DUI arrestee refuses to submit to a lawful breath, blood, or urine test, the law now mandates installation of an ignition interlock device on any vehicle they own or routinely drive . This is in addition to the fact that refusing a roadside breath test will trigger an automatic license suspension for a first refusal (one year for a first refusal) . A second refusal is now classified as a misdemeanor offense on its own . Another new law, HB 0871, prevents courts from accepting certain plea deals in DUI cases – meaning it’s harder to get a DUI reduced or dismissed without consequences . Judges are generally prohibited from reducing DUI charges or withholding adjudication, especially if your BAL was 0.15% or higher . On a more positive note, some judicial circuits in Florida are introducing DUI diversion programs for first-time offenders as part of these reforms . A diversion program typically allows a first-offender to complete rehabilitation and education courses in exchange for reduced penalties or even a dismissal of the charge. An experienced attorney can advise if such an option might be available in Sarasota or Manatee County and whether it’s the right choice for your situation.
Penalties for a DUI in Sarasota & Manatee Counties
Florida imposes severe and escalating penalties for DUI convictions. Whether you were arrested in Sarasota, Bradenton, or anywhere in Manatee County, the state-law penalties are the same. Here’s an overview of what you could face for a DUI conviction in 2025:
• First DUI Offense: This is typically a misdemeanor. Penalties can include a fine of $500–$1,000 , up to 6 months in jail (9 months if a minor was in the car or if your BAL was 0.15% or above) , and a driver’s license suspension of 6 to 12 months for a first conviction. Florida also requires probation (up to a year) and completion of DUI School for a first offense. In cases with a high BAL (0.15+), judges will order an ignition interlock device for at least 6 months once you get your license back. Even for a first offense, the court may impound your vehicle for 10 days and require community service (50 hours or more). In short, a first-time DUI is serious but often manageable with the right legal help – jail time can sometimes be avoided if no aggravating factors are present.
• Second DUI Offense: If you get a second DUI, the penalties increase. Fines range from $1,000–$2,000 (higher, up to $4,000, if BAL 0.15+ or a minor in the vehicle) . You could face up to 9 months in jail (or up to 12 months with high BAL or a minor) . Notably, if your second offense is within 5 years of the first conviction, there is a mandatory jail term of at least 10 days , and your license will be revoked for a minimum of 5 years . In addition, your vehicle will likely be impounded for 30 days. You will also be required to install an ignition interlock device for at least one year. These stiffer penalties reflect Florida’s view that a repeat offense is a serious danger to public safety. It’s critical to have a strong defense to try to avoid the worst consequences, especially if the prior DUI was recent.
• Third DUI Offense: A third DUI can be a felony if it occurs within 10 years of a prior conviction. In that case, you’re looking at felony-level penalties – including mandatory jail of at least 30 days (and up to 5 years in state prison, since a third DUI within 10 years is often charged as a third-degree felony). Fines for a third conviction range from $2,000–$5,000 (and can go higher if BAL was 0.15+). Your driver’s license will be revoked for at least 10 years for a third offense within 10 years , and you may only be eligible for a hardship license after two years. If the third DUI is more than 10 years after the prior, it may be treated as a misdemeanor (up to 12 months jail), but the fine will still be up to $5,000 and lengthy license revocation will apply. In either scenario, a third offense signals a very high risk of jail or prison time – Florida law even mandates at least 30 days in jail in the 10-year scenario .
• Fourth DUI Offense: A fourth (or subsequent) DUI in Florida is charged as a felony regardless of when prior offenses occurred. The fine will be at least $2,000 (likely up to $5,000) , and you could face up to 5 years in prison . Perhaps most devastating, a fourth conviction results in mandatory permanent revocation of your driver’s license – no standard driver’s license ever again (though after five years you might apply for a hardship license in limited cases). Clearly, Florida law intends to impose life-changing consequences on those who continue to reoffend.
Aggravating Factors: The above penalties can worsen if certain factors are present. If you had a high BAL (0.15% or above) or a minor passenger in the car, Florida law increases the fines and allows for additional jail time on first and second offenses . If your DUI involved an accident, the charges can escalate: causing property damage or minor injuries is a first-degree misdemeanor (up to 1 year jail and $1,000 fine, on top of the DUI penalties) ; causing serious bodily injury elevates the DUI to a third-degree felony (up to 5 years in prison and $5,000 fine) ; and a DUI that causes a death is prosecuted as DUI Manslaughter, a second-degree felony carrying up to 15 years in prison and a $10,000 fine (or even first-degree felony with 30 years if you leave the scene) . In addition, any DUI conviction will require you to complete a substance abuse course and a period of probation , and courts often impose other conditions like community service or alcohol treatment. In sum, the consequences of a DUI conviction in Florida range from inconvenient to truly life-altering, depending on the severity and your history. This is why it is so important to take any DUI charge seriously and explore all options to fight or mitigate it.
License Suspension and the 10-Day Rule
One of the most urgent concerns after a DUI arrest is your driver’s license. In Florida, a DUI triggers two parallel processes: the criminal case we discussed above, and a separate administrative license suspension by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). This administrative suspension happens quickly – often immediately upon your arrest – under Florida’s “implied consent” law. Here’s what to know:
• Immediate Suspension: If you took a breath test and blew a 0.08% or higher, your license will be administratively suspended for 6 months on a first offense (and longer if you have prior failures) . If you refused to take a breath, blood, or urine test, the penalty is an automatic 1-year license suspension for a first refusal . (A second refusal leads to an 18-month suspension and a separate misdemeanor charge .) The arresting officer will typically confiscate your physical driver’s license on the spot and issue a temporary driving permit that is only valid for 10 days . This 10-day permit allows you to drive for business or essential purposes, giving you a brief window to act.
• The 10-Day Rule – Formal Review Hearing: You have only 10 days from the date of your arrest to challenge the administrative suspension . To do this, you (or your attorney) must request a Formal Review Hearing with the FLHSMV within that 10-day period . If you do nothing, then once the 10 days are up, your temporary permit expires and your full suspension kicks in for the allotted time (6 months, 1 year, etc.). At a formal review hearing, which is an administrative proceeding, you have the opportunity to contest the basis for the suspension. For example, we can question whether the traffic stop was lawful, whether the officer had probable cause to arrest you, and whether the testing procedures were carried out correctly . If the hearing officer finds in your favor on any issue (for instance, ruling that the stop was invalid or the breath test was not administered according to required rules), the license suspension can be invalidated – meaning you get your license back as if the suspension never happened . If you lose the hearing, the suspension stays in effect, but you may then move on to seek a hardship license.
• Hardship License: Even if your administrative suspension is upheld, many drivers can get some driving privileges back through a hardship license (also called a restricted license). This allows driving for limited purposes like work, school, or medical appointments. For a first DUI, Florida typically allows you to apply for a hardship license immediately after the 10-day period if you waive your right to the formal review hearing and enroll in DUI School (this is a decision to discuss with your attorney). Otherwise, if you tried the hearing and lost, you’ll generally have to wait out a “hard suspension” period (e.g. 30 days with no driving for a failed test, or 90 days for a refusal) before you’re eligible for a hardship license . To get a hardship license, you must show proof of enrollment in an approved DUI school and apply to FLHSMV for a hearing on the hardship application. Keep in mind, any DUI conviction (in the criminal case) will also result in a court-ordered license revocation on top of the administrative suspension. However, if you’ve served the admin suspension, that often satisfies the court’s requirement. Navigating these timelines can be tricky, so it’s crucial to have a lawyer who can guide you through the process and help you regain driving privileges as soon as possible.
Key Takeaway: After a DUI arrest in Sarasota or Manatee, time is of the essence. You should immediately consult an attorney to help you file the necessary requests within 10 days . Protecting your license is often as important as defending the criminal charge – losing the ability to drive can severely impact your job and daily life. A seasoned DUI lawyer can often appear on your behalf at the formal review hearing and use it as an opportunity not only to save your license, but also to gather information from the officer (since the officer must testify at the hearing) that could later be useful in your criminal defense.
Fighting a DUI Charge: Common DUI Defenses in Florida
Just because you were arrested for DUI does not mean a conviction is a foregone conclusion. DUI cases are complex, and there are many defense strategies that a skilled attorney can employ to challenge the evidence. In Sarasota and Manatee counties, DUI cases are prosecuted firmly, but the burden is still on the state to prove every element of the charge beyond a reasonable doubt. Here are some of the most effective DUI defenses that we may explore:
• Illegal Traffic Stop: Police must have a valid legal reason (reasonable suspicion) to pull you over. If you were stopped at random without cause (and it wasn’t a lawful DUI checkpoint), or on a mere hunch, then any evidence gathered afterward – including breath test results or officer observations – could be thrown out. We will examine why you were stopped. If the stop was improper, we can file a motion to suppress evidence. A successful motion can result in the DUI case being dismissed entirely . For example, if you were obeying all traffic laws and were pulled over because the officer “felt like it,” that would be an unlawful stop. However, if you were stopped at a well-organized DUI checkpoint, we would verify whether the checkpoint complied with constitutional requirements (such as supervisory approval and neutral selection criteria). Any deviation could make the stop unlawful.
• Field Sobriety Exercise Issues: After a stop, many DUI arrests are based on roadside field sobriety exercises (like the “walk-and-turn,” one-leg stand, or horizontal gaze nystagmus test). These tests are highly subjective and prone to error . We often argue that poor performance on field tests was due to innocent factors – nervousness, fatigue, poor instructions from the officer, uneven pavement, or a medical condition – rather than intoxication. Importantly, these tests are not scientific measures of impairment; even sober people can have difficulty with them. Video evidence from the police car (if available) can sometimes contradict an officer’s report and show that you did better on the tests than the officer claimed. We scrutinize whether the tests were administered correctly and whether the officer is properly trained to interpret them. Any doubts about the field sobriety tests can create reasonable doubt about the arrest.
• Breathalyzer and Blood Test Challenges: Machines and humans make mistakes. Breathalyzers must be maintained and calibrated properly to produce reliable results. We will obtain maintenance and calibration records for the Intoxilyzer device used in your case. If the machine wasn’t maintained or had a history of errors, its reading can be attacked. Likewise, the officer must observe you for a 20-minute period before the breath test to ensure you haven’t burped or regurgitated (which can skew results); failure to follow proper procedure could invalidate the result. Medical conditions can also affect breath tests – for instance, diabetics can have acetone levels that trigger false positives, and people on certain low-carb diets or with GERD (acid reflux) may register artificially high BAC readings. Blood tests, if taken, have their own chain-of-custody and lab accuracy issues we can explore. In short, a BAC reading is not infallible, and we will dispute its accuracy if possible . Even a result slightly above .08 can potentially be challenged downwards with the right expert testimony or evidence of error.
• Implied Consent Warnings and Refusal Cases: If you refused the breath test, there’s still a defense path. We will check if the officer properly informed you of the implied consent warning (that refusing will suspend your license). If the warning was not given correctly, or if there was confusion (for example, a language barrier or a medical issue that made you unable to provide a sample), we can argue the refusal should be thrown out or not held against you. In court, the prosecution will try to use your refusal as evidence of “consciousness of guilt,” but we can often mitigate that by explaining legitimate reasons for refusal (such as wanting to first seek legal advice, which unfortunately Florida doesn’t clearly allow during the decision window). Furthermore, if there’s no BAC number because of a refusal, the state must rely on officer observations to prove impairment – which are inherently subjective and can be attacked as described in the field test defense.
• Procedural Errors or Rights Violations: DUI arrests must follow proper legal procedures. We will verify if you were read your Miranda rights at the appropriate time (Miranda is generally required if you were in custody and subjected to interrogation – for example, questioning after arrest about how much you had to drink). If you made incriminating statements without a Miranda warning, those statements might be inadmissible. We also check whether the police report and paperwork have errors, whether the officer’s timeline of events makes sense, and whether any video evidence (dashcam or bodycam) contradicts the officer’s claims. In some cases, improper handling of evidence (like losing or destroying video) can lead to sanctions against the prosecution. Every detail matters – from the calibration of the radar used to pull you over for speeding, to the exact phrasing the officer used when asking you to do tests. Our job is to find any weakness or mistake that can introduce reasonable doubt about the state’s case.
These are just a few of the defense angles. A strong DUI defense often involves a combination of these strategies. Our Sarasota-Manatee DUI defense team will thoroughly investigate the circumstances of your arrest to determine the best approach. Remember, the state must prove beyond a reasonable doubt that you were impaired; it’s not your burden to prove you were sober. By poking holes in the prosecution’s evidence – or by presenting alternative explanations for your behavior or appearance – we aim to prevent the state from meeting that high burden. Many DUI cases can be reduced or even dismissed when defenses are effectively raised. At the very least, solid defense work puts you in a better position to negotiate a favorable outcome (such as reducing a DUI to a lesser charge like reckless driving, if appropriate).
The Importance of Hiring a DUI Defense Attorney
A DUI charge is not a simple traffic ticket – it’s a criminal offense that can have lasting consequences. Trying to navigate a DUI case on your own, or with a lawyer who isn’t experienced in DUI defense, can be risky. Here’s why hiring a knowledgeable DUI attorney is crucial:
• Understanding the Legal Process: DUI cases have many moving parts. There are strict deadlines (like the 10-day rule for license hearings) and a tangle of procedures in both the criminal court and the DHSMV administrative system. An experienced DUI lawyer will ensure no deadline is missed and all paperwork is properly filed. In court, there will be arraignments, pre-trial motions, evidentiary hearings, and possibly a trial – a DUI attorney guides you through each stage and handles the complex legal arguments, so you don’t have to. In Sarasota and Manatee County courts, local DUI attorneys also know the prosecutors and judges and may understand local policies (for example, some jurisdictions have a First-Time DUI diversion program or are willing to negotiate certain reductions, while others are stricter). This local insight can be invaluable in crafting your defense strategy.
• Protecting Your Rights: A good DUI attorney’s first job is to make sure your constitutional rights were not violated. They will scrutinize the stop, the arrest, the testing, and the detention to ensure everything was done by the book. If your rights were breached at any point, your attorney will move to exclude evidence or even get the case dismissed. For instance, if you were kept in custody without access to a phone for an unreasonable amount of time, or if law enforcement conducted an unlawful search of your vehicle during the DUI stop, these are issues a lawyer can raise on your behalf. Many individuals wouldn’t even recognize these subtle violations on their own – that’s why having an advocate who knows DUI law is so important.
• Negotiation Power: Prosecutors know which defendants have competent attorneys and which don’t. When you have a reputable DUI defense lawyer, it signals to the prosecution that you are serious about fighting the charge. This alone can lead to better offers. Your attorney can often negotiate to reduce the charge (for example, to reckless driving), especially if there are weaknesses in the state’s case. If a reduction isn’t on the table, a lawyer can sometimes negotiate for lesser penalties (such as no jail time in exchange for extended probation or community service). Attorneys also know what alternative sanctions are available – like rehabilitation programs, DUI Court, or community-based programs – that might satisfy the court and keep you out of jail. In short, a seasoned lawyer can often mitigate the consequences even if the charge isn’t dropped entirely.
• Representation in Court and Hearings: If your case proceeds to trial (or even a motion hearing), you will want a professional by your side to present evidence, object to improper questions, and cross-examine the state’s witnesses (like the arresting officer or breath test technician). Trial advocacy is a skill developed through training and experience. A DUI attorney will also know how to select jurors who might be sympathetic to your case and how to explain scientific evidence (like BAC results) in a way that jurors understand your defense. Additionally, your attorney handles the formal review hearing for your license, appearing on your behalf to question the officer and make legal arguments. This can be a critical preview of the state’s evidence. Without legal representation, it’s very difficult to succeed in these hearings because you wouldn’t know the technical defenses to raise.
• Peace of Mind and Guidance: Finally, having a dedicated DUI defense attorney gives you peace of mind. This process is stressful – you’re likely worried about your job, your reputation, your family, and even the possibility of jail. A compassionate yet authoritative lawyer provides reassurance by answering your questions and keeping you informed at every step. They can estimate likely outcomes based on their experience, so you have a realistic picture and aren’t blindsided. They will also advise you on proactive steps that can help your case – for example, sometimes they may suggest you start a DUI Counterattack class or attend AA meetings voluntarily, which can later show the judge that you’re taking the matter seriously. With an attorney handling the heavy lifting, you can focus on your life and responsibilities, knowing that your case is in capable hands.
Why Local Experience Matters: Sarasota and Manatee counties have their own local court nuances. Our firm’s experience in this area means we know how the local State Attorney’s Office approaches DUI cases, the tendencies of the judges in handling DUI sentences, and the preferences of the hearing officers who conduct the license review hearings. We use this insight to your advantage. Whether it’s a first-time DUI at the Sarasota County Court or a complex felony DUI in Manatee, we have the background to navigate the system efficiently. We will also come to your defense with a network of resources – for example, former law enforcement officers or breath test experts who can testify on issues in your case if needed.
In hiring a DUI attorney, you’re not buying a guaranteed result (no lawyer can ethically promise a dismissal or win), but you are investing in the best possible outcome for your situation. That could mean the difference between a conviction and an acquittal, or between jail time and probation. Given how much a DUI conviction can cost you – not just in money, but in opportunities and stress – obtaining experienced legal counsel is one of the wisest decisions you can make after a DUI arrest.
Conclusion: Moving Forward After a DUI Arrest
A DUI arrest in Sarasota or Manatee County is a serious matter, but it does not have to define your future. Florida’s DUI laws in 2025 are indeed strict, with harsher penalties and less wiggle room in court than in years past . However, you also have rights and defenses on your side. The law provides opportunities to challenge the evidence, protect your license, and, with the help of legal counsel, possibly reduce the impact on your life. The key is to take prompt and informed action.
If you or a loved one has recently been arrested for DUI in Sarasota or Manatee, don’t panic – but do act quickly. Start by consulting a qualified DUI defense attorney who can evaluate your case and guide you on the next steps. From requesting the DMV hearing within 10 days to building a strong defense for court, having a professional by your side can make all the difference in the outcome. Adam Dunn is here to help you navigate this stressful time and fight for the best result, whether that’s a reduction of charges, an acquittal, or minimizing the penalties so you can move forward with your life.
Remember: You are innocent until proven guilty. With the right approach, many DUI cases can be successfully defended or resolved in a way that protects your future. The road ahead may seem daunting, but you don’t have to travel it alone. By being proactive and securing knowledgeable legal representation, you are taking the first crucial step toward putting this incident behind you.
If you have questions about a DUI charge or want to discuss your case, reach out for a confidential consultation. The stakes are too high to go it alone. With experienced DUI counsel advocating for you, you can face the situation with confidence that your rights will be protected and that you are doing everything possible to achieve a positive outcome. Your case matters – and we are ready to help you fight for it every step of the way.
by Dunn Law Firm | Feb 1, 2025 | Blog
Introduction
In the practice of criminal law, we encounter cases that test our limits and define our commitment to justice. This was never truer than in the case of our client, recently exonerated from a murder charge that threatened to unjustly rob him of his life and liberty. Here’s how relentless advocacy and advanced DNA testing made the difference.
The Gravity of the Charges
Our client found himself facing the most serious charge in the criminal code: murder. The prosecution’s case, heavily reliant on circumstantial evidence and flawed witness testimonies, painted a grim picture. The stakes? A lifetime behind bars.
The Uphill Battle
Wrongful convictions are a tragic but real component of our justice system. To counteract this, we took on the monumental task of sifting through intricate details, conflicting statements, and a mountain of evidence that could easily bury the truth.
Forensic Breakthrough: DNA Testing
In a system often slow to adapt to technological progress, DNA testing can be a game-changer. We tirelessly worked to ensure DNA samples related to the case were re-examined, going to great lengths to collaborate with leading forensic experts. The result was unequivocal: the DNA did not match our client’s.
Exoneration: The Sweet Taste of Justice
When we received the DNA results, the atmosphere was electric. The legal proceedings moved swiftly thereafter. Charges were dropped, and our client, on the verge of losing everything, was set free. The moment he stepped out of the courtroom was a testament to what’s possible when advocates never relent in their pursuit of justice.
Concluding Remarks
For us, this case reinforces why we chose the legal profession. It’s not just about law; it’s about people, justice, and the preservation of human dignity. We fought tooth and nail, leaving no avenue unexplored, to save an innocent man from a lifetime of unmerited suffering. It’s moments like these that underscore the profound impact of dedicated legal work.
by Dunn Law Firm | Jan 20, 2025 | Blog
A Monumental Achievement by The Dunn Law Firm in Sarasota, Florida
Today is a momentous day, not just for The Dunn Law Firm but for the very core of our justice system. Our firm has been at the forefront of the criminal defense arena in Sarasota, Florida, and it brings us immense satisfaction to announce that through tireless dedication, in-depth investigation, and passionate advocacy, we’ve achieved a result that can only be described as extraordinary. We have successfully procured the dismissal of an attempted murder charge against our client—a feat as rare as it is remarkable.
A Rarity in Criminal Defense
To offer some perspective, the dropping of an attempted murder charge is a scarce occurrence in the legal landscape. This is primarily due to the gravity of the charge; it signifies an accusation of an intent to take someone’s life, a claim that law enforcement agencies and prosecutors do not take lightly. Often, they invest considerable resources to secure a conviction. For a criminal defense firm to facilitate the complete dropping of such a charge is nothing short of a Herculean task, and a testament to the level of expertise brought to the table.
The Work Behind the Scenes
It’s important to emphasize that this outcome didn’t happen overnight or by mere luck. Our defense strategy was the product of countless hours of rigorous research, analysis, and preparation. The Dunn Law Firm, P.A. left no stone unturned:
- In-Depth Investigation: Our team conducted an exhaustive inquiry into the circumstances surrounding the case. We interviewed witnesses, analyzed forensic evidence, and pored over police reports to build a strong defense for our client.
- Expert Consultation: We sought private investigation to challenge the prosecution’s narrative and evidence.
- Legal Proficiency: Mr. Dunn meticulously dissected the case law, statutes, and past precedents to build a bulletproof defense strategy.
- Emotional Resilience: Given the strenuous nature of such cases, it’s not just the legal but also the emotional toll that has to be managed. We stood by our client every step of the way, offering not just legal but also emotional support.
Upholding the Pillars of Justice
The outcome of this case serves as a testament to the importance of hard work, expertise, and dedication to the principles of justice. The Dunn Law Firm, P.A. takes immense pride in upholding the cornerstone values of the legal system: ensuring a fair trial and equal protection under the law for everyone, regardless of the charges they face.
As we celebrate this incredible victory, we remain aware of the responsibility that comes with it—the responsibility to continue fighting for justice, one case at a time.
Thank you for entrusting us with the sacred duty of legal defense. We consider it a privilege to serve the Sarasota community and beyond, and promise to continue bringing you excellence in criminal defense advocacy.
For consultation or to learn more about our services, please contact The Dunn Law Firm, P.A.
Disclaimer: The information provided in this blog post does not constitute legal advice and should not be interpreted as such. Each legal case is different and requires a unique approach tailored to the specific circumstances involved.
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