Can you drink alcohol on probation in California?
While on Probation, the Individual Is Expressly Prohibited from Drinking and Driving; Violating Probation May Result in Serving the Original Maximum Sentence for the Offense. While someone is on probation, they are not supposed to drive with any alcohol in their system.
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.
Penalties for DUI while on Probation in California
If it's your first offense, the DMV will suspend your driver's license for 4 months. If a driver gets another DUI while they're on probation for their first DUI, the penalty may be more severe and include a 1-year driver's license suspension.
One of the conditions of being on probation or parole is that you have to avoid consuming alcohol.
You are to report to your probation officer on a monthly basis. You must obey all laws, court orders, and the terms of your probation. You must not associate with anyone else who is on probation or parole. You are to remain gainfully employed or seeking employment.
In California, people on summary probation can generally leave the state. However, any out-of-state travels cannot infringe on their ability to meet the other terms of their probation. Breaking any of those terms can violate probation. If this happens, probation may be revoked.
The most common probation violations include:
Failing to pay fines or restitution. Failing drug and alcohol tests. Failing to maintain employment. Incomplete community service.
But if a California probationer violates any of the terms or conditions of his or her probation, the probation can be modified, revoked, or terminated. If a court terminates probation, the offender may be taken into custody and ordered to serve time in jail or prison.
For example, if you willfully fail to appear for a court hearing relating to a violation of your probation, such failure to appear is classified as a second-degree misdemeanor. If you were sentenced to probation for a felony offense, many probation violations become felony offenses as well.
DUI probation is a 3 to 5 year period after your conviction where you are subject to special rules and must complete certain obligations. Probation is part of almost every criminal sentence in California.
How far back can alcohol be detected in your urine?
Alcohol detection tests can measure alcohol in the blood for up to 6 hours, on the breath for 12 to 24 hours, urine for 12 to 24 hours (72 or more hours with more advanced detection methods), saliva for 12 to 24 hours, and hair for up to 90 days.
Check your licence conditions to see whether you are prevented from travelling abroad. If you are not allowed to travel, you will need to seek permission from your Probation Officer. Speak to your Probation Officer about the best way to seek permission.
Blood: Alcohol is eliminated from the bloodstream at about 0.015 per hour. Alcohol can show up in a blood test for up to 12 hours. Urine: Alcohol can be detected in urine for up 3 to 5 days via the ethyl glucuronide (EtG) test or 10 to 12 hours via the traditional method.