Another Question About Probation

Question

I'm on Probation for a DUI, I will never drink amd drive again, I even voluntered to get an Interlock on my car to proove it. They told me I can't drink, even in my own private residence until I'm off probation. Why is this? I'm over 21, why do they take away your legal right if your on probation?

also, they told me that I could be randomly tested with a 80 hour alcohol test whenever they see fit. How worried should I be about this?

Answer 1

Be very worried, they have the right to do that and they will at any time. It is for your own good.

Answer 2

There's no need to be worried at all, as long as you're not drinking.

Legal right? Look, you're not in jail. Count yourself lucky and play by the rules.

Don't do the crime if you can't do the time.

Answer 3

When a person is either convicted of a crime or pleads guilty in a court of law, the Judge will make a decision whether a person can exist within society under strict supervision ( probation ) or must be incarcerated.

When granted probation, you will be given strict rules ( sanctions) that you must follow as a condition of being allowed to remain "free" outside of a jail or prison.

Even though you are not breaking a law by drinking, it is now a sanction of your paperwork that you cannot drink. Consider this like a lease on a property. The landlord tells you no loud parties after 11 pm. If you decide to disregard his rule, you can face being evicted.

In this scenario, if you decide to disregard your sanctions, your PO will violate your probation on what is called a TPV (Technical Probation Violation) , meaning you didnt break any law, but you purposely disregarded his writting instructions, showing contempt for the court. The consequences are reinstatement of your jail/prison time.

Yes, they are taking away legal rights from you. But you agreed to this when you signed your probation papers. This is now a decision that you have to consider and make on your own.

If it helps at all, even given your screen name and obvious profession, you are FAR better off living in public over living in jail.

I hope this helps and you can find it useful

Answer 4

It's a condition of probation. Your problem is with alcohol, so it's not entirely unreasonable. If you get caught in a dirty test, you have no kick about going on to do your jail time where you lose a few more rights, like privacy and walking around town. They didn't force the probation on you. You could have asked to do the time. Some do ask, because they know they can't hack the probation.