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After DUI, what is the penalty for not completing all of the required drug /alcohol counseling?Is it something you can wait out?

Sarasota, FL |

My son has been spending $60/week on drug and alcohol counseling and the counselor keeps adding required sessions. He has tested negative on every drug test for the past year except the last one last week. He declined to take because he knew he would fail for marijuana. He only had two sessions left and now the counselor is telling him he will have to start the 12 week treatment all over again. Feels like a never ending vicious cycle even though I know he screwed up.. He was convicted of DUI with serious bodily injury on Dec. 29, 2012. And because of a probation violation (driving on a suspended license) he is not able to get his license back until 2015 anyways. Just curious if there is any type of statute for this if he does not finish and waits it out...if that is even option? Thx

Attorney Answers 5


  1. the State gave your son a 2nd chance, and it appears that your son has violated his probation. There is no statute that applies here. The judge can sentence your son to jail for the remaining amount of his sentence minus any time served.

    Only thing that your son can do is hire an aggressive attorney argue his case. That is it. There are no magic words, legal citations, or statutes that can help him in any other way.

    These have your son contact an attorney today. Not tomorrow. Today.

    I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not respond to inquiries about legal representation in other areas of law, so please do not call me about matters outside my areas of practice. Furthermore, my answers on Avvo do not create an attorney-client relationship. Avvo is not designed for the type of legal analysis I personally require to accept a case. You should always seek a consultation with a licensed attorney who practices in the specific area of law who can fully review the facts of your case.


  2. If I understand your question correctly, the answer is that there are two separate issues. If he is on probation, he can be violated for not completing the terms of that probation. Second, and separate from the probation issue, is the fact that D.M.V. will require him to successfully complete the treatment program before they would reinstate his license. Therefore, there is no "waiting it out."


  3. He's on felony probation instead of misdemeanor probation. Some smart defendants intentionally violate there probation in dui misdemeanor cases so that they can do a few days in county jail in exchange for the judge terminating there probation. A short time in county for some people is much better then dui probation because of what you mention. Felony probation is a different story as he can face up to 5 yrs prison, not county. Unfortunately i think he will have to resolve the probation violation and complete the treatment program.


  4. Unfortunately, it looks like he has violated felony probation. There is no waiting that out. There will be a probation violation warrant issued or a report referenced violation of probation in court. At that time, he may be taken into custody by the judge. That is the most probable outcome. A violation of probation hearing will be set and you should retain an attorney now to prepare for all of this. He could be facing up to five years in state prison, Minus the time he has already served. DUI with serious bodily injury is a very serious case, if he was put on probation, he got a very big break. he should immediately get on track and do his treatment, stop smoking marijuana or violating the law, or he will be a guest at the Graybar Hotel for a nice while.

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.


  5. A willful violation of probation - such as refusing to take a drug test because your son knows he will fail - can land your son in jail. I am not sure what type of advice you are looking for regarding a statute that will allow him to wait it out. He was sentenced to a term of probation, was given special conditions to complete, and did not complete them. He should consider consulting with an attorney.

    Good luck,
    David Little

    My firm offers consultations in all areas of criminal law. David E. Little, Esq. Tampa/St. Petersburg Criminal Defense Attorney No attorney client privilege exists by way of answering this question. You should always consult with an experienced criminal defense attorney, and only discuss the facts of your case with your attorney, so you are protected by the attorney client privilege.

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