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Can I drink a little bit before driving on probation?

Los Angeles, CA |

If I get my first DUI, I will be on probation for three years I believe. Some people tell me that means I can't drink at all before driving. If I get pulled over and BAC is greater than 0.01, I will be charged for second DUI. But some people tell me that it's not true. I live in CA. Please clarify for me. Thanks a lot.

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Attorney answers 9


Please review the terms of your probation, if you violate those terms you will end up in jail and have plenty of time to consider beating the second DUI charge. I suspect drinking and driving is a violation of the terms of your probation....


Why would you want to? You'd risk a violation of your terms of probation and a second charge ... for what? The freedom to do whatever you want, whenever you want to do it?

Being on Probation isn't sufficient to get the message across? The fact that you are posting a question like this indicates it is not. You want some free advice? DON'T DO IT! Do not have one drink - ever - and get behind the wheel of a car. It is not worth it.

Christopher I. Simser, Sr.
Anelli Xavier
Syracuse - Albany - Rochester - Buffalo


It's true. Don't drink and drive with any measurable (.01 is considered measurable) amount of alcohol in your system or you risk a violation of your probation. If your blood alcohol is .08 or greater, or you are otherwise under the influence you will be charged with a second DUI and the penalties are much greater than those of your first conviction. I agree...don't drink and drive at all.


The judge will inform you what the terms of your probation will be. Typically it will include not driving with any alcohol.
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The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


It's true. You can't drive with any measurable alcohol in your system.


You can if you want to go to jail and lose your license for a year. While on probation for a DUI, you cannot drive with any alcohol in your system. None. Best of luck.

Jasen Nielsen


No! It would be a violation of probation. You saw how much grief the DUI caused. If you get caught with alcohol in your system - you will relive that experience.

Andrew Roberts (818) 597-0633/ (805) 496-7777


No, sort of. If you drink a bit, then drive. .01% or greater will get you a probation violation AND a new hearing with the DMV for driving with alcohol while on probation. BUT it is not a new DUI, necessarily.

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


While on probation, you are under court order not to drive with any measurable amount of alcohol in your body. So, yes, a 0.01% BAC reading could be grounds to violate your probation, although a new DUI filing would be unlikely.

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