driving with an impaired individual
I know of someone who has recieved his 2nd DUI offense, and is serving time as well as probation for one year. He tells me that ''if we were to go out and I had ANY thing to drink... even ONE that it is against his probation to drive me, that I must drive. So if I were ''smashed'' and asked him to pick me up b/c he is sober at 2 am , he is telling me that it is against his probation to have any one under the influence in a vehicle with him. But as long as I am under the legal limit and he is completely sober then I have to drive.
Is this all true??? He is alcohol restricted.
1 Answer from Attorneys
Re: driving with an impaired individual
He is probably not allowed to have anything to drink AT ALL during probation, and is certainly not allowed to drink and drive. But I don't think that his alcohol restriction would prevent him from doing what you describe, because that is a designated driver/good friend/good citizen. But it is possible, however unlikely, that a judge would make this a condition of his probation.
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