Will I be breaking the law if I drink while under probation for DWI?

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Will I be breaking the law if I drink while under probation for DWI?

I was underage when I was arrested but now I’ve turned 21 and I haven’t had my trial yet. In the likelihood that I am placed in unsupervised probation, will this require abstinence from alcohol even though I’m now of age? Also, will I be able to be around people legally drinking while on probation?

Asked on January 13, 2012 under Criminal Law, North Carolina

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

As part of your sentence the court will make certain orders.  The court may make an order that you abstain from using alcohol or being in a place where alcohol is sold (Bar)

Because you are on unsupervised probation, you are responsible for complying with the court's orders.  If you get caught, you could be held in contempt of court and face further incarceration, classes and fines.

That said, unless you get in further trouble it will be hard for the court to find out that you are around alcohol.  Note, you are probably not in violation of the terms and conditions of your probation by being around people that are drinking.

Hope this helps.


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