You were recently arrested for driving under the influence in Orange County.
Someone told you that if you are convicted and put on probation, you cannot
keep any alcohol in your home, nor can you consume alcohol, or go to establishments
that serve alcohol. You can’t touch alcohol with a 10 foot pole.
If you’re placed on
probation after a DUI conviction, does that mean that you CANNOT consume any alcohol,
or go to any bars or restaurants that sell alcohol?
It Depends on the Probation Terms
When someone is convicted of
DUI in California, it can go both ways. The clear answer can be found in the
individual’s probation order. For most first offense DUIs there
is no prohibition that says the individual cannot drink or go to bars
so long as they are 21 or older.
However, this is not the case 100% of the time. Some counties routinely
prohibit DUI defendants from drinking alcohol, hanging out at bars, or
visiting establishments where alcohol is predominantly served.
You don’t want to listen to friends or family about this, instead,
ensure that your attorney explains whether your probation order says that
you cannot drink alcohol.
Often, it’s okay for DUI defendants on probation to drink alcohol,
but they cannot drive with ANY measurable alcohol in their system. The
only exception would people who have been ordered to wear an alcohol monitor.
So, if you are put on probation after a DUI and you are not ordered to
stay away from alcohol, you should be allowed to consume alcohol or go
to bars as long as you don’t drive under the influence of drugs
Be aware that if you are cited for being “drunk in public”
while on probation for a DUI, you’re at risk of a probation violation.
Occasionally, a judge will verbally tell a defendant on the record not
to consume alcohol and to stay away from establishments that serve alcohol
when the defendant takes their plea. If that happens to you, we recommend
asking your attorney about the verbal order to ensure that you do not
violate any of the terms of your probation.
Arrested for DUI in Orange County?
Contact the Law Offices of Virginia L. Landry, Inc. for a free consultation with
a Board Certified DUI defense specialist!