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  1. #1
    Join Date
    Oct 2012
    Posts
    3

    Default Can You Drink on Probation if It's Not Specifically Prohibited

    My question involves criminal law for the state of: California

    It does not say abstain from alcohol on my court papers, I'm on 36 months probation and got misdemeanor.

    " You are to obey all laws, city, county, state and federal"
    " Not operate a motor vehicle with any intoxicant in your body"
    " You shall submit to and complete tests of your breath, blood, urine, saliva, when requested by a peace officer or probation officer"

    What does that really mean ? Can i have a glass of wine for dinner or a couple of beers infront of a football came ?
    Or do i have to abstain from alcohol?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    You need to get clarification from your probation officer. The fact you are subject to testing would make me thing no but it's ultimately up to your PO.

  3. #3
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    I was at the probation agency 2 days ago, they told me that the probation office will send out a letter which will tell me what to do within 30 days. I have not received a letter yet, does that mean i have not been assigned a probation officer yet ?

    It's Halloween this weekend and my friends are having a big party at our house, do you think i could drink a couple of beers or should i skip it?

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

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    Typical first offender conditions simply require you not operate a motor vehicle with ANY alcohol in your system. However, since classes are probably a requirement, and getting DUI already is an indicator of a likely problem with alcohol, you might want to take this opportunity to cease said consumption lest a DUI or worse offense happens in the future.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    I don't know the answer but I have a question for you:

    Are you willing to take the risk that no probabion or peace officer will request a random sample for you at these times? Particularly when you factor in that holidays and football games are times when traditionally people who are going to drink, do so?

  6. #6
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    I have never been in trouble with the law ever before, I'm not much of a drinker, i made one mistake and now i have to suffer for it. I have no problem with alcohol at all, I can stay away from it, I was just wondering if one beer or two would end up with me in trouble or not.
    Since it does not say on my court papers that I should abstain from alcohol then i don't really see the problem, but I'm not willing to risk it. Who should i turn to if you guys cant give me a straight answer? Like i said, i havent received any paper from my probation office yet, they told me it could take up to 30 days.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    Quote Quoting Petebos
    View Post
    I have never been in trouble with the law ever before, I'm not much of a drinker, i made one mistake and now i have to suffer for it. I have no problem with alcohol at all, I can stay away from it, I was just wondering if one beer or two would end up with me in trouble or not.
    Apparently drinking got you into trouble recently ... hence the DUI.

    But, unless specifically prohibited from consuming alcohol, it shouldn't be a violation to consume alcohol so long as you are nowhere near the driver's seat of a motor vehicle.

    If the probation office cannot give you a straight answer, and you feel the paperwork from the court is a little broad, then don't take a chance.

  8. #8
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    Quote Quoting Petebos
    View Post
    I have never been in trouble with the law ever before, I'm not much of a drinker, .... I have no problem with alcohol at all, I can stay away from it....
    Great... It sounds like a good plan!

    Quote Quoting Petebos
    View Post
    i made one mistake and now i have to suffer for it.
    How are you suffering? Actually, why are you suffering?

    If you're not much of a drinker, and you can stay away from alcohol, then you've already figured out what you need to do to (or "not do")... And it sounds like it should be an easy task.

    So what is causing you to "suffer"?

  9. #9
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    Since it does not say on my court papers that I should abstain from alcohol then i don't really see the problem, but I'm not willing to risk it. Who should i turn to if you guys cant give me a straight answer? Like i said, i havent received any paper from my probation office yet, they told me it could take up to 30 days.

    You got your answer right there. You don't need a letter from a PO. You have reservations, so don't do it. If you have treatement recommended, your probation papers don't have to say it, the treatment program will. Your papers say no alcohol while operating a vehicle. Unless you have devised a diabolical plan to have parties within walking distance, you are taking a chance right there. If it ain't hard for you to abstain, why are you posing this question?

  10. #10
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Does Not Say Abstain from Alcohol on My Papers, Does That Mean I Can Drink

    Many standard conditions of probation prohibit the the consumptions of drugs and alcohol. That's why drug and alcohol tests are performed. Since your probation order specifically mentions testing I would assume they are standard conditions of your probation and act accordingly.

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