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I am on formal probation in Iowa for a 2nd OWI for 2 years.

Dyersville, IA |

I recieved a ticket for a open container as a passenger 6 months into formal probation. The driver was also issued a open container and passed all sobriety tests including blowing zeros on a breathalyzer. I am not to drink alcohol. I am wondering what the chances are my probation will be revoked or me going to jail. No prior violations

Attorney Answers 3


  1. That will depend on if the PO has cause to believe you consummed (which as I understand is a probationary condition). Receiving a ticket for open container does not mean you actually consummed and there might be a defense there. Good luck.


  2. It's definitely possible that you could be violated. That being said it also sounds like you might have somewhat of a defense. You will probably have to wait and see how it shakes out but I would consult with a local attorney about how best to proceed. Good luck.

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  3. If there was only one open container, then you may have a defense to possessing it based on the law of constructive possession. In Iowa, mere proximity is not enough. If you admitted the open container was yours or if there are no other defenses, then a guilty plea will not necessarily result in your probation being revoked. Your probation officer could simply recommend did you be held in contempt of your court ordered probation. You might be sentenced to some jail time, but still remain on probation without being
    revoked.

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