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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101965
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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On probation was picked up how does this affect my probation

Customer Question

on probation was picked up for dui how does this affect my probation
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Are you prohibited from consuming alcohol while on probation?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Expert:  Ely replied 1 year ago.
Thank you.
Then, the P.O. may decide that this violated the probation's terms even if there is no conviction, because if there is proof that one was consuming alcohol, then this is a violation of probation even if the DUI does not "stick."
If the DUI sticks and is a conviction, then this itself also is a violation of the probation, since being convicted of another charge is a violation of probation.
As such, there can be several outcomes:
1) The P.O. decides to let this go with a warning. This all depends on the relationship between the PO and the Defendant. Some POs are nicer than others. This is also much more likely if there is no conviction for the DUI; if there is a conviction for the DUI, the P.O. is less likely to ignore this.
2) The P.O. reports this to the prosecutor who files a motion to revoke probation based on (a) consumption of alcohol or (b) a conviction for the DUI.
If #2 happens, then the following can occur at the Court's discretion:
A) The Judge may revoke probation and sentence the person to imprisonment;
B) The Judge may order "shock probation" where the person is imprisoned but for a short time only, and then is placed back on probation;
C) The Judge lengthens the probationary period and/or the restrictions but does not imprison the person; or
D) The Judge orders classes/rehab as part of A, B, or C above.
Good luck.
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