It is my first offense ever, i got an DUI.
It does not say abstain from alcohol on my court papers, I was charged with misdemeanor but got formal probation for 24s months.
" You are to obey all laws, city, county, state and federal"
" Not operate a motor vehicle with any intoxicant in your body"
"Not posses or purchase any firearms"
"Not consume alcohol in "Excess""?
While on probation I am required to submit random 8 panel w/ ETG tests.
What does that really mean ? Can i have a glass of wine for dinner or a couple of beers in front of a football came ?
Or do i have to abstain from alcohol?
It almost seems that you have been given contradictory order. Do not consume alcohol to excess would infer that you can still have a little alcohol. However, the random ETG tests are going to check to see if you are still drinking alcohol at all. As such, I would abstain from any alcohol use whatsoever until you can get clarification from your probation officer Best wishes.
I agree that you need to discuss this issue with your probation officer; however, DAs (and probation officers) routinely will revoke an individuals probation for consuming alcohol after a DUI even when the language in their probation contract says not to use "alcohol in excess."
By formal probation, do you mean supervised probation (i.e. you have a probation officer)? If so I am an agreement with my colleagues that you should inquire with your PO. If not, the chance of actually being called in for a random seems unlikely. However I am not certain of this so you should contact an attorney who practices in the jurisdiction where you are on probation before deciding on a course of action.
By formal probation, I am assuming you are referring to supervised probation, which means you will be assigned a probation officer. I would most definitely discuss this issue with your probation officer. It appears that the sentence order does not prohibit you from consuming any alcohol, it just prohibits you from consuming alcohol in excess. It may become a problem for you if you submit to the ETG test and you have alcohol in your system. I would recommend abstaining from any and all alcohol until you discuss this with your probation office and find out what their definition of "in excess" is and whether they will seek to have your probation revoke if you are positive for alcohol on one of the ETG tests. Good Luck.
Get free answers from experienced attorneys.
25,134 answers this week
2,662 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary