I am on a deferred adjudication program for one year that has just started from a Theft charge. I read on my contract that I will have to submit to random alcohol testing. This seems crazy to be terrified to have a glass of wine for dinner for an entire year for a crime having nothing to do with alcohol. You can get behind the wheel of a car after a beer but not after a Misdemeanor? Does anyone know just how frequent or random this testing is? And if it would be an ETG test?
This is a typical condition of bond.
Eric Dick, LL.M.
832-207-2007 - Office
713-498-7969 - Cellular
Mr. Dick is licensed to practice law in Texas and his office located in Harris County. Mr. Dick primarily practices family law in Harris County and nearby counties and offers free consultations.
Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
It's usually a standard condition of probation, meaning one that is printed on all the Orders putting someone on probation, not one of the blanks that may or may not be filled in, or one of the boxes that may or may not be checked. And, even if it's not a standard condition on the form you signed, the law allows the judge to add any "reasonable" condition that she deems appropriate.
This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline