Legal Question in DUI Law in Pennsylvania
dui probation
The requirements relating to my dui probation are to maintain steady work, pay fines, seek counseling, no drinking and driving and retain residence. Is my probation officer permited to come to my house and ask me if i have food in the fridge and check and ask me if i'm drinking beer and lecturing me on how i should conduct myself when i only have a couple beers a day now, don't drink and drive - or drive for that matter and get this personal?? I admit that i can't drink and drive again, but i always had steady employment and other than the dui's i've never had a problem in my personal life!? I only see her one time a month, but she talks to me as though i'm a felon who is a dead beat and a flight risk or something???
1 Answer from Attorneys
Re: dui probation
It sounds like you are lucky... You have a probation office who cares.
I have no prejudice against someone who drinks, but you haven't stated is you are an alcoholic... Are you?
DUI is a big problem. It's dangerous. People who did nothing wrong pay the price. It costs society in a big way. So... Our system is forced to trust probation officers. They can do whatever is reasonable to enforce their edict. You admit drinking each day... THAT worries me, and I live in NJ. A probation officer sees the damage drunk drivers do, they see people who trash their own lives, and hurt MANY others along the way. They know that most people on probatiuon will not listen to them, or heed good advice, but some people will. I'd talk to anyone if I thought that a few minutes of my time might make them think, and seek help to save themselves from themselves. Maybe you don't love yourswelf enough to take care of yourself for yourself, but maybe you have kids, a wife, a mother, a friend, someone you want to spare.
Lastly, the statistics indicate that you WILL drive drunk again. Your decision making is impaired while intoxicated, and many will again drive a car. In fact, the more intoxicated you are, the more likely you will drive drunk again. So, she is not outside of her authority to stop to see you each day, to see if you are getting counseling, AND to see if the counseling is helping... If you are drinking each day, you have a problem, especially if you do not think you have a problem.
I hope you realize that IF you are drinking alone, drinking each day, drinking and having various problems you do not have when you are not drinking, IT MEANS YOU HAVE AN ALCOHOL RELATED PROBLEM.
I wish you the best, and though some people get off on authority, for your sake, ASSUME your probation officer is NOT doing it to yank your chain, and understand you may be the exception to the rule, but she sees a LOT of problems, because people have problems, and/or refuse to accept responsibility for themselves.
Kevin J. Begley