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  1. #1
    Join Date
    Sep 2012
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    1

    Default When Will a Court Forbid Drinking While You're On Probation

    My question involves criminal law for the state of: VA

    I was hoping for clarity on an issue regarding the no alcohol clause after a DUI conviction. Two coworkers have been convicted of DUI, and were allowed to consume alcohol while on probation. Granted, both abstained during the mandatory ASAP program. Another friend of mine is currently on probation for his third DUI, and has a no consuming alcohol clause as part of his probation.

    My question is: are no alcohol clauses assigned on a case-by-case basis or are they typically assigned to habitual offenders? Are they uncommon for first DUI offenses, or was this clause overlooked for the two coworkers of mine?

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: When Will a Court Forbid Drinking While You're On Probation

    I am curoius to know why you are so concerned with something so minor and nonconsequential to you. But three DUI's might be a tell tale clue as yo why that was added.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: When Will a Court Forbid Drinking While You're On Probation

    The standard Virginia probation conditions say "not to excess" (such that it interferes with your life) and not to show up for your probation meetings under the influence.
    It goes without saying you're not to break any laws either (that's probation condition #1).

    The judge is free to impose sanctions at sentence and the probation department has some leeway to restrict and test for alcohol and drugs (it's standard to do one test at intake time and then depending on the case they may spring others on later). Further, a DWI is almost certainly subject to VASAP which may impose abstinance in cases where the provider finds it warranted.

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