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Can i drink on dui probation?

Fresno, CA |

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

Attorney Answers 11


  1. 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.


  2. Yes you can drink. You just can't drive with any measurable amount of alcohol. The only exception in most counties is of you are on an alcohol monitor which you likely aren't (you would know)

    Any information provided through Avvo.com 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.


  3. As you stated it depends on the terms of your probation. Sometimes courts or judges will impose conditions prohibiting you from visiting places where alcohol is predominately served (bars). Call your attorney and double check with them.


  4. 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.


  5. 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.


  6. Some judges will order you to stay out of establishments that serve alcohol or not to drink verbally on the record when you take your plea. I would contact the attorney that handled your case to make sure you stay in compliance with your probation. Good luck.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  7. 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.

    Jasen Nielsen


  8. Sure - unless the judge said you could not or you are under 21 years of age. A probation order is the judge saying so. Drinking and driving is definitely prohibited.

    Good luck.


  9. If the "Do not consume alcohol" and "Do not enter alcohol establishments" boxes are not checked on your probation report, then you can drink as long as you are over 21 and refrain from driving again until your blood alcohol content is back down to 0.

    My answer to your question does not establish and attorney-client relationship.


  10. 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.

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