Community control, commonly called house arrest, is a form of supervision that can be part of some Florida sentences. Its terms vary by case, and in a DUI case it is set by the judge as part of the sentence rather than chosen by the person convicted.
What community control means
Community control is a form of court supervision that keeps a person in the community rather than in a jail cell. As the everyday name house arrest suggests, it centers on restrictions about where the person may be and when.
It can be part of some sentences, and its terms vary by case. There is no single template that applies to every DUI, which is why general descriptions online often fail to match what a particular order says.
Where it can fit within a DUI sentence
A Florida DUI sentence can have several parts. For a first DUI with a BAC under 0.15 and no minor, the law allows up to 6 months in jail and probation, with the total of jail and probation limited to 1 year, along with 50 hours of community service, DUI school, a 10 day vehicle impoundment and a license revocation.
For repeat offenses, Florida sets mandatory minimum jail terms: at least 10 days for a second DUI within 5 years of a prior conviction and at least 30 days for a third within 10 years. How any form of supervision interacts with those minimums is a question specific to the case, the record and the judge.
Daily life under supervision after a DUI
Terms vary, but supervision generally involves contact with a supervising officer, staying within approved locations, and following the conditions the court sets, such as completing DUI school or community service. In a DUI case, conditions related to alcohol may also be ordered.
Transportation is a practical issue. A DUI conviction brings a license revocation, which can make getting to approved places such as work difficult. A hardship or business purposes only license may be available during some suspensions, depending on the type of suspension and the driver's record.
What happens if a supervision condition is broken
If a violation is alleged, the matter goes back before the judge. For probation, Florida's violation process has no jury, the judge decides, and the standard is the greater weight of the evidence. Possible outcomes include reinstating or modifying probation, or revoking it and sentencing up to the maximum for the original offense.
A lawyer can explain how that process applies to a community control violation in a particular case. Questions about sentencing options are worth raising well before any plea, and DUI Lawyers Shield Firm offers a free case review where they can be discussed.
Keep reading
- When Florida Uses a Urine Test in a DUI Case
- Violating DUI Probation in Florida: What Happens Next
- Community Service Requirements for a Florida DUI
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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