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.
Does DUI Probation Prohibit Drinking?
If you’re placed on probation after a DUI conviction, while it is technically not illegal to consume alcohol, it is usually not a good idea to go out drinking. This can also depend on a variety of factors, such as your probation terms and the county you live in.
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 or alcohol.
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.
Check Your Probation Terms
When someone is convicted of DUI in California, it can go both ways. You should double check your individual probation order for any details about your drinking. 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.
Each County Can Have Different DUI Probation Laws
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.
Consult Your DUI Attorney
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.
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!