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  1. #1

    Default Can Drinking Alcohol Violate My Probation Conditions

    My question involves criminal law for the state of: Ohio

    After doing 2 1/2 months in prison for f4 aggravated assault, I was released on judicial release and given probation under the mental health caseload. I will see my probation officer tomorrow morning, to go over my conditions, and, based on everything I've read so far about "first probation meetings", possibly a drug test. The judge, at my release hearing, said there would be drug tests; and I know that alcohol is a drug, but I'm not sure if it's always included. I had about 4 beers last night with some friends. I asked my lawyer and he said that, yes, it can be detected, but since it's not illegal, there is nothing they can do about it.

    My charge/conviction was not a DUI or a drug charge, but I was wondering if the alcohol could violate me, even though I haven't been given my conditions yet. For example, if I go to the appointment and he advises me that no alcohol is a condition, then tests me right then and there; and the alcohol isn't out of my system in 24, will I be able to just tell him that I had a few beers and that I'll never do it again, now that I know, and/or what are the odds he will he violate me? Just need an objective opinion. Prison was hell; I never wanna go back.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can Drinking Alcohol Violate My Probation Conditions

    Your probation either forbids the consumption of alcohol or it does not. Even though alcohol is legal, you can be barred from consuming it during your term of probation. If you are barred from drinking alcohol and a test shows that you have consumed alcohol, that's a probation violation. We are not in a position to investigate the terms of your probation.

  3. #3
    Join Date
    Jun 2011

    Default Re: Can Drinking Alcohol Violate My Probation Conditions

    Presumably you are an adult of legal age, but it's hard to tell as people misuse terms like prison to refer to county jail etcetera. The issue is whether or not the court ordered a no alcohol clause/term/condition? Generally, probation terms must have a nexus to the offense. However, sometimes in some jurisdictions a court may order testing, to include alcohol, if a non-drug related crime was committed, while the offender was under the influence or has a history of committing propertry crimes to "feed his/her habit."

    Need more info. BTW, ordinarily, probationers are provided with copies of court/probation orders with all the applicable terms. What does yours say?

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