You must adhere to certain rules and regulations given to you by the court if you are on probation. For instance, you may be asked to constantly report to your probation officer on a set schedule. If you skip a meeting it would consider a violation. As a result, you may send back to jail eventually.
Before knowing can you drink on probation or not let’s first discuss what is probation.
What is Probation?
Probation is a sanction that lets a person stay in their community. However, the person has been supervised by a probation officer. A person is put on probation if the person is found guilty of committing certain crimes. Nonetheless, probation is not an option for every offense. In certain situations, some offenders have to go to jail eventually.
What Will Happen If You Drink On Probation?
If a person has been sentenced to probation it becomes mandatory to adhere to all the given instructions and conditions related to the probation period to avoid going back to jail.
Although you may find some conditions unnecessarily preventive, it is a must to recognize that until the day last of the probation you remain under court observation – particularly probation officer. In some cases, the offender is required to complete a certain period of probation instead of serving jail.
Also, when a person is sentenced to probation there will be certain standard conditions that the person must adhere to throughout the period.
A few of the standard conditions for a probation period include:
- Not using any illegal drugs
- Reporting to a probation officer
- Reporting any change of address
- Not committing any new criminal offenses
- Enrollment in school or maintaining employment
Moreover, the probation period may also include a few “special conditions” as well depending upon the offense committed by a person.
- Payment of restitution
- No contact with a victim in the case
- Completion of anger management classes
- Completion of community work service hours
- Completion of a drug and alcohol evaluation (if necessary)
Coming to the point, whether or not if you can drink on your probation period all depends on the certain standard and special conditions during the whole probation period. Although the standard conditions can be similar for all probationers, the special conditions can vary from country to country.
For if you can drink alcohol or not, standard conditions include refraining from drinking alcohol on probation – and most significantly if your conviction was for drug or alcohol-related offense. Hence, you must follow the rules of your probation.
In a case, if the offense did involve alcohol or drug or you have a personal history of drug abuse, you will be restricted by the court to drink alcohol throughout the whole period of your probation. In such a case, any consumption of alcohol or drug can make you get in serious trouble eventually – for you have violated the court’s order.
When Is It Ok To Drink Alcohol While on Probation?
If the court refrains you from drinking on probation, it is important that you must adhere to the instructions of the court. Or else you may end up getting in jail ultimately. Any consumption of alcohol can be the basis of you violated the probation.
Even, is a probation officer visits you at your home and unfortunately finds alcohol bottles, it would be going to be a risk of violating your probation.
However, in case if your case was not alcohol or drug-related, also, if you don’t have a previous drug-addicted history you may be allowed to drink on probation. Certain situations that may enable you to drink alcohol on probation include:
- If you don’t have a drug or alcohol history
- Don’t have a drug or alcohol abuse history
- You were not addicted to drugs previously
Nevertheless, you are still supposed to refrain from drinking alcohol to the extent so that it cannot lead you to commit other crimes while being drunk. Most importantly, there is another factor that must be in consideration and that’s “age”. If you are under the legal drinking age you will not be allowed to drink alcohol while on your probation period.
If you still are struggling with your query of “are you allowed to drink on probation” then make sure to discuss all the terms and conditions and general rules given by the court with your criminal defense attorney so you can get legal advice related to your query.
Additionally, it is highly suggested to hire a credible defense attorney, this will help you better recognize the terms and regulations of the probation period.
Also, in a case, if you are allowed to consume alcohol, do ask a criminal defense attorney about the conditions in which you can drink alcohol.