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Can I Drink Alcohol While on DUI Probation?

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!