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  1. #1
    justsomeguy is offline Member
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    Drinking on Probation, will I get in trouble?

    What is the name of your state? TX

    I received 12 months probation from my DWI. On some probation's for DWI they say the parolee cannot have any alcohol for the entire time. For mine, they did not impose that restriction. I thought this meant I could drink when and where I wanted provided I do not break any laws.

    I met with my Parole officer and they told me that although I can drink, if it shows up in my urine sample, I will be in violation of my probation.

    I'm pretty confused and scared now because I had no idea, and I did drink the night before I took the test.

    Does anyone know what I'm looking at if it shows up? Can I plead my case to them and tell them I didn't know? Will I have to go back before the judge for another trial because of this??
  2. #2
    spicyitalian739 is offline Junior Member
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    Quote Originally Posted by justsomeguy View Post
    What is the name of your state? TX

    I received 12 months probation from my DWI. On some probation's for DWI they say the parolee cannot have any alcohol for the entire time. For mine, they did not impose that restriction. I thought this meant I could drink when and where I wanted provided I do not break any laws.

    I met with my Parole officer and they told me that although I can drink, if it shows up in my urine sample, I will be in violation of my probation.

    I'm pretty confused and scared now because I had no idea, and I did drink the night before I took the test.

    Does anyone know what I'm looking at if it shows up? Can I plead my case to them and tell them I didn't know? Will I have to go back before the judge for another trial because of this??
    Do you have a good relationship with your parole officer? If so they will probably tell you what you want to know honestly. Just don't drink for a couple days before you go because if they are over-zealous and don't like you, they might make you pee in a cup on the spot after asking lol. Seriously though you should get a better answer from them than us.
  3. #3
    Shay-Pari'e is offline Senior Member
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    Quote Originally Posted by spicyitalian739 View Post
    Do you have a good relationship with your parole officer? If so they will probably tell you what you want to know honestly. Just don't drink for a couple days before you go because if they are over-zealous and don't like you, they might make you pee in a cup on the spot after asking lol. Seriously though you should get a better answer from them than us.
    He stated he already took the test. OP, your answer is in your own post. You said your probation officer stated you would violate your probation if it comes back dirty.
  4. #4
    spicyitalian739 is offline Junior Member
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    Quote Originally Posted by Shay-Pari'e View Post
    He stated he already took the test. OP, your answer is in your own post. You said your probation officer stated you would violate your probation if it comes back dirty.
    If you carefully read my post, you would see that I was actually telling him that he already got his answer, and I was advising him not to drink for several days BEFORE his next probabtion date. You have to read between the lines.

    "I met with my Parole officer and they told me that although I can drink, if it shows up in my urine sample, I will be in violation of my probation."

    "Do you have a good relationship with your parole officer? If so they will probably tell you what you want to know honestly. Just don't drink for a couple days before you go because if they are over-zealous and don't like you, they might make you pee in a cup on the spot after asking lol. Seriously though you should get a better answer from them than us."

    Summary: Read again and realize that I told him, essentially, 'If they don't like you, they will make you pee in a cup on the spot. You will get a better answer from them than us.' meaning he already GOT his answer, and I advised him not to drink when he has probation in a few days in the future.
  5. #5
    xylene is offline Senior Member
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    Why are you offering advice SpicyEyetalian?

    Does your fiance have her own HUGE problems!
  6. #6
    justsomeguy is offline Member
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    I'm not worried about the future. I know now that I can't drink for a few days or a week before my meeting, no problem.

    This was my first meeting with my PO. They seemed really nice, but I know they have a job to do.

    I'm just worried about this test that I just took? I didn't know I would be in violation of my probation for drinking, specifically because I was told by the judge and in the documentation that I wouldn't be???

    I'm wondering "if" the little bit of alcohol that was in my system does show up in the test i've already taken, what will the response be? Will I have to go back before the judge? do you think they will just tell me not to do it again??

    If I would have known, I would have just not drank anything. Now I'm scared about something that I didn't know I was doing wrong.
  7. #7
    SillyPuddy is offline Member
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    "For mine, they did not impose that restriction."

    ** Based on what?

    " I thought this meant I could drink when and where I wanted provided I do not break any laws."

    ** If you believe that, you're headed for trouble

    "I met with my Parole officer and they told me that although I can drink, if it shows up in my urine sample, I will be in violation of my probation."

    Translation "Hey, we're not to follow you around. If you want to drink that's up to you. If we find out about it, you're goose is cooked"

    "I'm pretty confused and scared now because I had no idea, and I did drink the night before I took the test.

    ** I've see numerous posts from people on DUI probation that fool themselves in to thinking they can drink even though the "do not drink" box isn't checked on the DUI form, or they're not told in some specifc way not to drink. Personally, I don't get now someone can believe they can drink when on an alchohol related probation without the State finding some way for that to be violation or even a crime.

    "Does anyone know what I'm looking at if it shows up? Can I plead my case to them and tell them I didn't know? Will I have to go back before the judge for another trial because of this??"

    ** Probably depends on your state laws, how the PO handles it, and whatever an attorney can work out.

    Moral of the Story: DUI is treated differently than any other crime.
  8. #8
    justsomeguy is offline Member
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    Quote Originally Posted by SillyPuddy View Post
    "For mine, they did not impose that restriction."

    ** Based on what?

    " I thought this meant I could drink when and where I wanted provided I do not break any laws."

    ** If you believe that, you're headed for trouble

    "I met with my Parole officer and they told me that although I can drink, if it shows up in my urine sample, I will be in violation of my probation."

    Translation "Hey, we're not to follow you around. If you want to drink that's up to you. If we find out about it, you're goose is cooked"

    "I'm pretty confused and scared now because I had no idea, and I did drink the night before I took the test.

    ** I've see numerous posts from people on DUI probation that fool themselves in to thinking they can drink even though the "do not drink" box isn't checked on the DUI form, or they're not told in some specifc way not to drink. Personally, I don't get now someone can believe they can drink when on an alchohol related probation without the State finding some way for that to be violation or even a crime.

    "Does anyone know what I'm looking at if it shows up? Can I plead my case to them and tell them I didn't know? Will I have to go back before the judge for another trial because of this??"

    ** Probably depends on your state laws, how the PO handles it, and whatever an attorney can work out.

    Moral of the Story: DUI is treated differently than any other crime.
    I believe in the state of Texas, or at least the court that I was in, they base the alcohol exclusion based on your breath test, I'm guessing that over .16 (double the limit) they impose that restriction.

    I watched 4 DWI cases before mine where the judge asked what the breath test was, following the answer he would impose or not impose the alcohol ban for the period of the probation.

    I did not take the breath test, so the judge specifically said "No Alcohol Restrictions then". I was shocked when he said that I would be able to drink, believe me I was paying attention to what he was saying.

    Also on my Paperwork defining my probation that was signed by the judge, it makes no mention of weather or not I can drink alcohol anywhere in the paperwork. I thought it would specifically say that I could not if that had been imposed.

    I guess I can call my lawyer and fax over the paperwork and have them take a look at it again and see what they say?

    *******Update

    Well I spoke to my lawyer he wants me to fax over my probation requirements tomorrow for him to look at them.

    I did some research and I founds several lawyer sites (lawyers) where they say the alcohol ban is a condition that "may" be required, along with lung devices, alcohol treatment, or confinement. here's one <a href="http://www.dallas-dwi-lawyer.com/DWI_punishment.htm">Lawyers site</a>.

    This is all too much stress for me, either way this works out, I'm not drinking again at all till I get off probation, rule or no rule, I don't want to worry about this... ugh...
    Last edited by justsomeguy; 09-28-2006 at 08:39 PM. Reason: updating
  9. #9
    Betty is offline Senior Member
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    OP, you said you had a "little bit" of alcohol in your system prior to taking urine test. (drank night before test) FYI - how long alcohol remains in a person's system depends on various factors - how much they drank, ht & wt, age, etc. However, normally it is 1 hr. to possibly 10-12 hrs.
    You also said you are not drinking again until you get off of probation. When you do get off of probation, please do not drink & drive & end up with another DWI.
    You'll just have to wait & see if urine shows up positive for alcohol & if it does, see what your lawyer can do for you.
  10. #10
    justsomeguy is offline Member
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    Quote Originally Posted by Betty View Post
    You also said you are not drinking again until you get off of probation. When you do get off of probation, please do not drink & drive & end up with another DWI.
    It's a 12 month probation and I just started. I absolutely will never drink anything and drive again, no way. Anytime I go out from now on and plan on drinking in the future, I'm either cabbing, or going with someone else, or not drinking at all.

    I actually haven't even driven in 2 months since I lost my license. I usually have my wife take me everywhere. I'm about 7 miles from work out in the suberbs, one day my wife wasn't available. So, I was lucky and was able to get a cab to take me to work (cars were in the garage) , the cabbie told me they usually will not even come out to where we live.

    We were talking and he was telling me about a guy that was in his cab with 5 DWI's. He told the cab driver that he has spent over $50,000 on his DWI's and now he's permanently taking cabs. The guy said if he just would have always taken cabs when he drank he would have saved 10's of thousands.. and still have his license.

    I mean I knew this already, but that was an impactful lesson to hear it from a cab driver and not some video or essay, it made it real.

    I've learned so much about all this since my only DWI, it will never happen again for me.

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