Abstinence as part of probation
If abstinence is ordered during probation on a 2nd DWI offense (3rd degree), how long is probation typically, and how do they enforce the abstinence? Is it just zero tolerance if you are driving a car? Or can they just show up at your house/work/anywhere anytime and demand to test you?
I've had an independent evaluation, and it came out with no dependency or abuse issues, so abstinence during probation seems strange and I just don't understand how they enforce that.
1 Answer from Attorneys
Re: Abstinence as part of probation
You need to get your sentencing sheet from the court and review it, because you are on probation for as long as the judge said. I would expect at least two years, maybe three.
I don't expect that there will be any extra efforts to check you for abstinence. Generally they just wait for you to have some contact with law enforcement - at which time there better not be any evidence of consumption.
As always with law guru there is very little info contained in your question. Here, however, is what I make up in my mind about you as I read your question:
1) He must not have had a lawyer when he went to court. Any lawyer would have made sure he knew all this before entering the plea.
2) Since he didn't bother to get a lawyer, he wasn't taking his case very seriously.
3) He must put a high value on consuming alcohol or he wouldn't be bothering with a question like this.
4) His evaluation is probably wrong, and he's warming up for another offense soon.
I hope I'm wrong about you. Good luck. This is not legal advice and does not create an attorney-client relationship.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
