Legal Question in Criminal Law in Minnesota

Re: Treatment/DUI

I presume from your question that you are under 21 -- since you were recently charged with minor consumption. I also presume that, as a result of your prior DWI, you were placed on probation and ordered into treatment. As part of your probation, I presume you were also ordered to be law abiding and, in particular, were ordered not to have any drug or alcohol related offenses.

Your question is in two parts: First, whether you can avoid out patient treatment; and Second, whether your subsequent minor consumption charge will affect your probation.

In answer to your first question, you must complete out patient treatment, whether or not you believe it is necessary. If you do not complete treatement, your probation could be revoked and you may be taken into custody. In answer to your second question, your "advisor" (I presume you mean probation officer) will in all likelihood learn about the minor consumption charge, whether or not you can "get out of it." More important, the court will certainly be aware of your probation status, and when you appear in court on the minor consumption charge, will refer the matter to probation for evaluation and may revoke your probation.

You should consult an attorney about this matter. If you are eligible for a PD (public defender), an attorney will be appointed to represent you on the minor consumption charge, and in any probation revocation proceeding. If you are not eligible for a PD, you really should hire a private attorney. If you have additional questions you may contact my office. My contact information is below.

Good luck, and thank you for your question.

Re: Treatment/DUI

It is most likely a court order for you to follow treatment recommendations, therefore you will have to complete outpatient treatment or they could issue a warrant for your arrest and re-sentence you.

If you received a minor it also could be a reason for re-sentencing.

You should speak with a local attorney about your options.