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awerfty · Dec 23, 2008, 12:04 AM

As terms of my probation, it states that I shall not use or possess any controlled substance. Does this include alcohol?

Clough · Dec 23, 2008, 04:43 AM

Hi, awerfty!

From my understanding of the law, if in the U.S. it wouldn't include alcohol since if you're of age to consume it and it's not something then that's illegal to have or use or needs to be taken only by prescription and is available only as prescribed by law. However, if alcohol use was one of the elements why you might have committed a crime, then I would think that it would be.

Your probation officer would know best as to how to answer your question, though.

Thanks!

twinkiedooter · Dec 23, 2008, 05:50 AM

Controlled substances obviously means any drugs that are prescribed by a doctor that you somehow can take illegally. Usually probation of any kind prohibits the ingestion of alcohol no matter how little the amount. Also being in and around a bar is a no, no and hanging around known felons is not allowed either. Don't even think about it.

Clough · Dec 23, 2008, 06:00 AM

Originally Posted by twinkiedooter

Controlled substances obviously means any drugs that are prescribed by a doctor that you somehow can take illegally. Usually probation of any kind prohibits the ingestion of alcohol no matter how little the amount. Also being in and around a bar is a no, no and hanging around known felons is not allowed either. Don't even think about it.

Probation as well as parole requirements will vary... As such, there is no pat answer here.

JudyKayTee · Dec 23, 2008, 06:23 AM

Originally Posted by Clough

Probation as well as parole requirements will vary... As such, there is no pat answer here.

That's why "usually" is in the answer - it varies and only the PO (and Judge) know for sure. In my area it depends on the original violation. If it's alcohol related drugs and alcohol are off the list.

OP should have rules/regulations handed to him/her by the PO. What do they say?

excon · Dec 23, 2008, 06:46 AM

Hello a:

You need to get CLARIFICATION, and I would get it in writing. If you don't, you'll be in the slam.

The KEY, in your situation, is WHO is the controlling authority?? If they mean the DEA, then alcohol ISN'T a controlled substance... If they mean their state, then alcohol IS a controlled substance...

excon

Fr_Chuck · Dec 23, 2008, 07:10 AM

Heck ground beef is a controlled substance, the FDA has to inspect and OK it.

So you need to verify with your PO exactly what. Of course all illegal drugs are restricted but drinking may not be unless it was a related crime.

awerfty · Dec 23, 2008, 09:32 AM

Yeah. They're pretty open. I should mention that it was for a DUI, and the PO said nothing about alcohol. In fact, alcohol is mentioned no where on this. This all started some months ago, and I've just abstained all together, but being New Years and New Years parties are coming up, I'd just see if anyone new. As for entering bars etc. I'm a musician. I do it all the time to play, and there's no mention of not doing this on my terms either. I think as long as you keep your head above the water, there would be no problem.

It seems you guys seem to be saying to just keep on doing what I've been doing to ensure I stay out of trouble

JudyKayTee · Dec 23, 2008, 09:38 AM

Originally Posted by awerfty

Yeah. They're pretty open. I should mention that it was for a DUI, and the PO said nothing about alcohol. In fact, alcohol is mentioned no where on this. This all started some months ago, and I've just abstained all together, but being New Years and New Years parties are coming up, I'd just see if anyone new. As for entering bars etc. I'm a musician. I do it all the time to play, and there's no mention of not doing this on my terms either. I think as long as you keep your head above the water, there would be no problem.

It seems you guys seem to be saying to just keep on doing what I've been doing to ensure I stay out of trouble

It's a DUI and you were ordered to stay away from drugs, not alcohol? What State?

Hard to comprehend.

excon · Dec 23, 2008, 09:52 AM

Hello again, a:

No, I'm not saying keep on doing what you're doing. I said, quite clearly, if I recall, that you need clarification. If you don't do that, you'll be in the slam.

I think I DID say that... I'm also not chopped liver. I know you didn't like what I told you.

As a matter of fact, I don't think ANYBODY told you that. Have you been drinking?

I'm telling you, that if you USE a substance they think THEY control, you are going to be violated. You seem to think these are reasonable people. I'm telling you they are not.

I'm going to further tell you, that since your crime involved alcohol, that alcohol is a substance that you CAN'T use. I don't care what kind of loophole you want to find.

excon

PS> (edited) Don't get me wrong. I'm all for breaking the law. But, if you're going to do it, at least understand that you ARE breaking the law - at least in terms of your probation.

awerfty · Dec 23, 2008, 10:04 AM

To answer, I have NOT been drinking. I assumed it covered alcohol as well, but reviewing the terms nothing is mentioned. I've just been going with Murphy's Law and staying out of trouble , any situation where trouble might occur, etc. etc.

And yes, there is no EXPLICIT mention of alcohol, which from talking to other folks, seems weird as well.

excon · Dec 23, 2008, 10:23 AM

Hello again, a:

Look, I'm not your father or your PO. I don't care if you get drunk. I DO care if you drive, because I have family that share the road with you, so DON'T do that again.

But in terms of what's written, I can tell you this. IF you get caught drunk, or your PO decides to test you, or you just happen to be in the wrong place at the wrong time, your PO won't just say, "oops, we forgot to mention that". They're going to say how stupid YOU are for not figuring it out yourself. THEY ain't going to be wrong. YOU are. They're going to tell you this while they're hauling you off to jail.

excon

twinkiedooter · Dec 23, 2008, 10:40 AM

So if you frequent a bar a lot (even though you claim not to drink) what happens if you are somehow detained by the police in the bar for who knows what and your PO finds out about the bar? Could spell trouble with a capital T for you, musician or no musician. They aren't very understanding folks that they hire down at the probation dept or they wouldn't work there. And as for the alcohol and having a DUI, you are just asking for trouble if you decide to take it upon yourself and happily attend parties over the holidays and happily imbibe and get caught. Don't say we didn't warn you. Just don't drink or hang out at bars and you'll do just fine. You need to remember that even if you are a musician and playing in the bar there could be a problem if a PO decides to be a hardbehind about you even being in a bar whether you are "working" or not working.

JudyKayTee · Dec 23, 2008, 10:46 AM

Did anybody answer what State this is in - again, DUI probation but they only addressed illegal substances?