When someone gets accused of DUI, are there restrictions on what they can do before a hearing?

I know a man who told me he was arrested for DUI, though he blew a 0.04. Spent the night in jail for it, and now says the police told him he isn’t allowed to drink alcohol until his hearing. Could that be true, or is there more to this story? What would make that story true?

Asked on September 6, 2010 under Criminal Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The police cannot, by themselves, restrict people's rights or dictate their behavior. (It might well be a good *idea* to do as they say, but that's a different matter.)

There are several ways it could be true:

* If there was a previous DUI/DWI and one condition of it whatever outcome, settlement, verdict, etc. was that if the man had another DUI, he would refrain from alcohal, that would be enforceable.

* It's possible that that the man went before a judge as a result of this arrest, that as a condition of release, he was told he could not drink until the hearing.

As you can see from the above, a judge, making some formal order or finding, would need to be involved; not just the police themselves.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.