some guy tried to tell me i couldnt go to bars or even drink at home or possess alcohol, but my minute order basically states that i OBEY ALL LAWS, dont drive with .01 or higher in my system, carry license and insurance in my car at all times, it DOESNT say things like "Do not consume alcohol" or "Do not enter alcohol establishments" considering drinking at home if your 21 or older and going to a bar ARENT illegal and NOT outlined in my minute order should i ignore what my friend said? or are their hidden rules to my probation that i might not even know? BTW im in fresno
You should look at the probation terms. For most first offense DUIs there is no prohibition to drinking or even going to bars if an individual is 21 or older. However, there are some counties that routinely prohibits drinking, going to bars, or places where alcohol is the main item of sale. Don't listen to "some guy" and look at the terms of your probation, better yet, contact the attorney who handled your case.
You are correct. So long as you do not drink and drive (or drive while under the influence of drugs) you are in compliance with the terms of your probation. Of course, if you get a citation for being "drunk in public," you run the risk of a probation violation, but even that is tenuous.
There are no hidden rules of probation. Everything should be stated on the record. It may or may not make the minute order, however. Were you in court when the judge pronounced sentence? If it was here in Fresno, they would have a recording of it. If it wasn't stated, then, by all means, drink up, but don't drive.
Some counties include alcohol and abstain terms as part of standard DUI probation. Based on what you've described, it does not sound as if they were included in your probation. You may want to talk to an attorney who has the benefit of seeing the documents in question just to be sure. Good luck.
If you had an attorney call him and have him clarify things for you. If you didn't have an attorney, go to the court house and have them give you a minute order. The minute order will go over in detail what your probation orders are. Each case is different and if you didn't have proper counsel the DA might have added this without you fully understanding what you were agreeing to.
Get free answers from experienced attorneys.
25,541 answers this week
2,680 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary