Can you drink while on probation

Many of the same laws that apply to a drunk driving case, will also apply to a person with a past DUI or DWI conviction as well. However, because of the penalties associated with these crimes, it may be more appropriate for someone with a past DUI or DWI charge to avoid drink alcohol while on probation. It isn't common, but many of the standard jail terms for drunk driving offenders apply to probation as well, regardless of whether the offense was a first or second offense. In some states, this is referred to as a "stay out" order. Other states call it an "exercise of jurisdiction."

 

The majority of states that prohibit a person from being able to drink on their probationary status, require that the individual do so prior to the end of their probationary sentence. However, there are some states that allow the courts to make this exception for some circumstances. If you're looking into getting this type of exception, it's important to understand what your options are. First, if you've previously been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), there may be nothing that will prevent your probation officer from prohibiting you from having a drink at any time.

 

Second, if you've already served jail time for your original offense, you may have a stronger case for being able to drink on your probation instead of waiting until your sentence is completed. A defense lawyer skilled in this area of criminal law will be able to help you to realize your potential and fight for the outcome that is fair for you. In some cases, your lawyer may even be able to negotiate a plea bargain that results in a reduced sentence, probation, community service, or other punishment that is favorable to you. It's important to remember, however, that if you choose to accept a plea bargain, you'll be entering into a contract with your lawyer that may affect your entire sentence. If you're not sure about whether or not a plea bargain is right for you, consult an experienced criminal defense attorney.


Posted Oct 11 2021, 08:07 PM by Darrin Marion