While on probation, you’re required to follow numerous conditions or risk being sent back to jail. While some conditions are universal, like not committing a new offense while on probation, others are set based on the unique circumstances of one’s case. Many people are required to remain drug-free — does this include alcohol?
Is Alcohol Prohibited On Probation?
In most cases, no. You are allowed to drink alcohol while on probation. However, some individuals do have a specific condition of their probation that bans them from drinking alcohol. This is typically the case if the initial offense was alcohol-related, like driving under the influence.
However, it’s important to note that you should be extremely cautious about committing another crime while under the influence of alcohol. If you get a DUI while on probation, this is considered a substantive violation. Substantive violations can result in revocation of your probation and new criminal charges for the offense.
How Would The Courts Know If I Drink When Prohibited?
You may be wondering, if you are prohibited from drinking alcohol as part of your probation, how will the courts know?
One way that the courts might monitor your alcohol intake is through the use of a SCRAM monitor bracelet. This is an electronic monitor that samples an individual’s perspiration every 30 minutes. From the sample, the monitor can tell whether or not the wearer has consumed alcohol. This will then be reported back to the courts.
You may also be required to take random alcohol tests. An EtG test can measure alcohol in the urine. However, these results will only show alcohol in the urine for about 48-72 hours after drinking, and only if the individual had multiple drinks.
Probation Violation Defense
If you’re being charged with violating your probation, contact our defense attorneys in Miami today. We want to help ensure that your alleged violation does not require you to lose your probation or be sent to jail. Call us at (305) 330-1360 to discuss your situation today.
