[Gsxr13]

Hey I just got put on probation for a first time DWI, I was just wondering on what kind of alcohol testing they do and how long back it detects it. If anyone's been in my position and has any tips, that would be great.

[JudyKayTee]

What kind of tips? If you aren't supposed to drink, then don't drink and you won't violate your probation.

What State and how often will you be tested?

[twinkiedooter]

I'll give you a great tip. Don't drink.

[J_9]

has any tips, that would be great.

Ummm, how about not drinking. Wow, that's a novel idea isn't it? :p

[Fr_Chuck]

First is not drinking part of your probatoin rules. I know many people on probatoin allowed to drink,

But if it is against the rules then you stop and don't drink

[DrJ]

(DISCLAIMER: I am, in no way, advocating drinking while driving. Do not operate a vehicle if you have been consuming alcohol)

To answer your question...

You can be breathalized anytime and anywhere. And you cannot be in any establishment where alcohol is the main source of income.

You should assume that each drink (approx 12oz of beer, 4oz of wine, or 1oz of liquor) will add about .02% alcohol content to your BAC.

Alcohol leaves your blood stream at a rate around .0125% - .02% per hour depending on your body weight.

This is NOT proven for everyone but I have played with a PAS (a breathalizer) while drinking to test it out on me a few times and this was a good basic rule of thumb.

Lets say you have 2 shot and 2 beers. That's 4 drinks at .02% each.. so a total of .08% BAC. You are now at the limit that most cops will ticket you for DUI.

After about 1 hour, your BAC will be down to about a .06%.

If you have 2 more drinks, you will be up to about a .1% BAC.. you would have to wait at least 2 more hours to be under what they consider the "legal limit".

[JudyKayTee]

[QUOTE=DrJizzle;If you have 2 more drinks, you will be up to about a .1% BAC.. you would have to wait at least 2 more hours to be under what they consider the "legal limit".[/QUOTE]



I don't think the legal limit is the question. The question appears to be how to drink at all and not be violated while on probation as well as what type of testing will be done.

OP may be looking for one of the "magic drinks" which turn out to be not so magic after all.

Some States are tougher than others - Pennsylvania has NO tolerance if there is a "no drinking" provision in probation. People who used mouthwash have posted because they've been violated. NY is pretty much the same.

The answer to the kind of testing is: breathalyzer - if there is a problem or concern, a blood sample may be requested. "A blood test, however, can detect smaller amounts of alcohol and for longer periods. Small amounts of alcohol ingestion (one to three ounces) may still be detectable in the blood ten to twelve hours later—again, depending on the person. These figures are also for a non-habitual user, or the occasional drinker. A habitual drinker's blood and internal organs will "store" the alcohol from successive drinking sessions, and it takes much longer—sometimes up to a week—to eliminate enough alcohol from the system to pass a blood alcohol screening. To metabolize alcohol out of your system, it must pass through your liver. A perfectly-functioning liver can metabolize an ounce of alcohol per hour—about one standard drink. Heavy drinkers, whose liver may be impaired, may metabolize much less than that, and would need to allow a much longer time before taking a blood alcohol test. You cannot speed up your liver's functioning. This is why drinking large amounts quickly or chugging drinks can become fatal. What the liver can't process, the blood must store, and alcohol poisoning can be the result. If planning for a blood alcohol test, it's best not to drink any alcoholic drink for several hours to a day or two prior to the test date to give yourself the best chance for a clear test result." http://www.blurtit.com/q525494.html

What exactly are the terms of your probation?

[Gsxr13]

I'm not really sure I just know I have to report every month and read on the paper work not to consume alcohol. I'm not saying ima go drink but just wondering how strict they are? Like if I had a beer with my girl would that show up

[s_cianci]

No doubt your probation officer has ordered you to completely abstain from alcohol. Do it. They are going to be very strict about it, especially since your conviction involves a DUI. I wouldn't be shocked if you were tested each time you meet with your PO.

[DrJ]

Yes, that WOULD show up... if they tested you within an hour or so after finishing it.

[JudyKayTee]

My concern is OP has a condition of his probation that he cannot drink - not cannot drink and drive, cannot drink.

What was his breathalyzer reading and was personal injury or property damage involved?

Instead of going to jail OP agreed to terms of probation, terms which he is now thinking of violating so he can have a beer with his girlfriend.

More a moral issue than a legal issue but I think somebody should say it.

Also, depending on the original charge OP won't be the first person to have a relative/friend turn him in for drinking, whether it's 1 or 10, if no drinking is a condition of probation.

[DrJ]

I don't think the legal limit is the question. The question appears to be how to drink at all and not be violated while on probation as well as what type of testing will be done.

A first time DUI/DWI doesn't always result in a no-drinking clause in the probation stipulations.

It wasn't clarified that he/she was on that type of probation until later.




Either way, since he/she IS on alcohol probation they are telling you not to consume ANY alcohol. Don't expect to get any leniency from your probation officer.

If they see you anywhere in public, they can test you on the spot. Or if you are on search & seizure, they can enter your home and test you on the spot.

[JudyKayTee]

A first time DUI/DWI doesnt always result in a no-drinking clause in the probation stipulations. .

That was my point - I have never seen a no-drinking AT ALL condition on a first time DUI/DWI conviction UNLESS there was property damage, personal injury or an unconscionable blood alcohol level.

The "don't drink and drive" condition is, of course, standard.

[DrJ]

That was my point - I have never seen a no-drinking AT ALL condition on a first time DUI/DWI conviction UNLESS there was property damage, personal injury or an unconscionable blood alcohol level.

I see what you are saying now. That typically wouldn't happen without something else being involved. In fact, it could be something totally unrelated...

Personal story... that actually happened to me back in 2000. I was arrested for a DUI (blew a 0.09 and had it reduced to a Wet & Reckless). Well, I was currently out on O.R. for a completely unrelated charge that I was fighting (had nothing to do with drinking or drugs or anything like that) and as a result, the judge imposed a no-drinking clause on my probation.

I was ticked.. but there's nothing you can do.

[bgntjohnson]

I'll give you a great tip. Don't drink.

Excellent Twinkiedooter.. . Good Answer!