PA Probation - No Alcohol Clause

[Archspire]

What is the name of your state (only U.S. law)? PA

I was arrested for DUI a couple of months ago, and will most likely be accepted into ARD and get 6 months probation. From what I've read, there is typically a no alcohol clause when on probation for a DUI in Pennsylvania. Does that clause always apply for alcohol related offenses? Is there any way that my lawyer can have it excluded? I don't mind not drinking for six months, although I find it annoying and intrusive; but not being allowed to have any alcohol at all in my house or sit at a table with someone who is drinking seems unreasonable. Why are my wife and friends being punished? Anyway, is there any way that my lawyer can avoid this clause? Thanks.

 

[KmanStuck]

ROFL .. what a post ! Really, if these clauses are put in to these types of cases I would think that about 5% of folks would actually follow it..

 

[FlyingRon]

Probation for just about *ANY* offense in Pennsylvania has a no alcohol clause.
It's one of the standard conditions. Your chances of getting out of it are slim.
The condition says YOU can not consume alcohol. It doesn't say anything about others in your household. The "intrusion" into your personal life is the price you pay for committing a crime. Your other option to probation would be to go to jail.

 

[LEANNE3314]

I am in the ARD program in PA. Nowhere does it state anything about no alcohol in my probation papers. However, there is ZERO tolerance for driving with alcohol in your system.

Though, every county has slightly different laws/rules, my probation is non reporting for 1 yr.

Also, if you have to take the alcohol highway safety class, they will probably go over this pretty in depth.

 

[Archspire]

Thanks a lot everyone. Leanne, I hope you're right but I've heard that my county has the no alcohol clause.

 

[Archspire]

I just wanted to report back that I'm just about done with probation, and the no alcohol clause was indeed as I described it in the OP. I actually managed to follow it to the letter, except for one time that I had lunch with some coworkers, one unexpectedly ordered a drink and then I sat there feeling uncomfortable for about 5 minutes before coming up with an excuse to leave.

I'm not sure how I could have gotten caught, I never took and test for alcohol and the PO never showed up unannounced (actually only came to my house once) but the threat of jail was enough to keep me from drinking.

 

[Isis1]

I just wanted to report back that I'm just about done with probation, and the no alcohol clause was indeed as I described it in the OP. I actually managed to follow it to the letter, except for one time that I had lunch with some coworkers, one unexpectedly ordered a drink and then I sat there feeling uncomfortable for about 5 minutes before coming up with an excuse to leave.

I'm not sure how I could have gotten caught, I never took and test for alcohol and the PO never showed up unannounced (actually only came to my house once) but the threat of jail was enough to keep me from drinking.

thanks for coming back and letting us know how you did. that is always appreciated around here.

and for the record, BOOO@not being able to drink at all. yeah yeah, i know. i'm a spoiled CA brat. i didn't get that. in classes i was told. it's not about not drinking, it's about not drinking stupid.


good luck!

 

[NellieBly]

I just wanted to report back that I'm just about done with probation, and the no alcohol clause was indeed as I described it in the OP. I actually managed to follow it to the letter, except for one time that I had lunch with some coworkers, one unexpectedly ordered a drink and then I sat there feeling uncomfortable for about 5 minutes before coming up with an excuse to leave.

I'm not sure how I could have gotten caught, I never took and test for alcohol and the PO never showed up unannounced (actually only came to my house once) but the threat of jail was enough to keep me from drinking.

That's just plain weird. Do you think the others present felt uncomfortable around that one drink?