How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102349
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.