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  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default What is the Consequence for Unopened Alcohol in the House While on Formal Probation

    My question involves criminal law for the state of: CA, Sacramento County

    I am on 3 year formal probation for a DUI. I have zero priors, a perfect driving record (that is until the DUI), a good paying job, own my own home, pay taxes, i'm a wonderful mother etc...

    I know what is expected of me on probation according to the documents i was provided. What i don't know are the actuall consequenses. My concern is what happens if my probation officers stops by the house randomly and finds unopened wine. What is the consequence of this? i have quite the wine collection that is not really movable (wine fridge hold 1000 bottles). Do i go straight to jail for this?

    please advise.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What is the Consequence for Unopened Alchohal in the House While on Formal Probat

    If your probation conditions bar you from possessing alcohol, I'd be looking into a wine storage facility for the duration.

    All sorts of things can happen for violation of probation from jail on down.
    I've got several thousand bottles myself, split between a cellar at home, a wine "fridge" type unit, and an offsite facility.

  3. #3
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: What is the Consequence for Unopened Alchohal in the House While on Formal Probat

    Yep. Often DUI's have zero tolerance on alcohol. Just the presence of liquor(unopened) can lead to violation of probation, elevated treatment levels, increased visits from/to your probation officer and other un-needed issues.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: What is the Consequence for Unopened Alchohal in the House While on Formal Probat

    Are you on formal probation (i.e. have a probation officer), or are you on informal (court) probation?

    If FORMAL probation, it is likely that a P.O. or the police will stop by at some point. If informal probation, then the odds are slim that the police will come by unless you give them good cause. Formal probation usually entails a sit-down with the P.O. to go over the rules and that would be a good time to mention your wine collection, There may be a way to lock that up for the duration to prevent access if that is the case. If asked, you should not lie or try to deceive as that could result in jail time.

    The consequences for violating probation can include jail time up to the full time available for a misdemeanor conviction - in other words, you could spend the next 6 months in jail.

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