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I am on probation for DUI and have a suspended drivers license. What would happen to me if i am caught driving?

Clearwater, FL |

Probation office, DUI school, AA, group meetings. I live alone am disabled and cannot get to a bus route or afford taxi-cabs. I cannot apply for a hardship license for one year. How on earth am i supposed to get to these places??? If i am caught driving will i go to jail?

Attorney Answers 4


  1. If you are caught driving while your license is suspended you will be arrested for driving while license suspended. Additionally, you will likely face a violation of probation on your DUI case due to the new law violation.


  2. Yes, I think you will go to jail for two reasons. Of course, you may be arrested for the criminal offense of driving on a suspended license with knowledge. Second, you may be arrested for violation of probation. Most judges will impose a jail sentence on the violation of probation under these facts.

    You should contact your (a) DUI attorney and file a motion to modify sentence to allow additional time to complete those things that you cannot complete due to your circumstances. Don't wait until a violation to explain your situation. Provide the court written proof of your disability, use a computer and google maps/earth to provide proof that bus routes go nowhere near your home. Also print out cab fees, along with mapquest mileage to each of your classes, thus computing the taxi fare to each of the court's requirements. Will the Judge have sympathy? You never know until you ask, just don't wait for a violation to ask. And, of course, DON'T DRIVE!

    Good Luck,

    John Guidry II
    www.jgcrimlaw.com


  3. First - DO NOT DRIVE. You will likely end up in jail for a new criminal charge and have your current probation revoked

    However, you may be eligible for a driver's license restricted to business purposes only if this was your first DUI. This would allow you to drive for the remainder of your one year suspension for business purposes only (Basically, those things necessary to care for your ordinary needs.)

    If this is your 1st DUI case and you blew - then you are eligible for a Hardship License thirty days after the date of your arrest.

    If this is your 1st DUI and you refused - then you are eligible for a Hardship License ninety days after the date of your arrest.

    In either case, you must be enrolled in the DUI school.

    If this is a second DUI, the you are out of luck.


  4. you will likely be arrested. if you have a year to go before you can apply for a hardship, you likely have two convictions within five years. the state attorney will most definitely look for jail time. also, your one-year wait-time will start over from the date of the new ticket for driving while license suspended.

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