Suppose you were convicted of
driving under the influence (DUI) in Orange County, or someplace else in California. Now, you want
to grab an Uber or Lyft and go out for a night on the town with your friends.
But then, one of your friends says to you, “You can’t go to
bars or drink a drop of alcohol while on DUI probation!” Is this true?
The first thing you should do is take a look at your probation terms. Typically,
when a person is convicted of their first DUI offense in California, he
or she will not be prohibited from drinking alcohol or going go bars,
as long as the individual is 21 or older. However, they will be strictly
prohibited from driving with any measurable amount of alcohol in their system.
Could I Be Prohibited from Drinking?
While the vast majority of DUI probationers (21 or older) are not prohibited
from drinking alcohol or going to places where alcohol is served, that
doesn’t mean it isn’t possible. Occasionally, a judge will
impose a condition that prohibits the defendant from consuming alcohol
or frequenting places where alcohol is served (bars).
Take a look at your probation report; if the boxes that say “Do not
consume alcohol” and “Do not enter alcohol establishments”
are not checked, you should not be prohibited from drinking alcohol as
long as you’re 21 or older. Remember, drinking and driving is strictly
prohibited and if you’re cited for being drunk in public (a criminal
offense), you’ll be in violation of your probation. The reason is
because you cannot break any laws while on probation.
Note: Some counties do require that DUI probationers abstain from alcohol. If
after looking at your probation report you’re still not 100% sure
if you can drink alcohol, we suggest you contact a DUI attorney for legal advice.
Looking for an Orange County DUI attorney?
Contact our office for a free consultation!