When your sentence specifies that you are to be placed under probation, you’d be losing a few of the freedoms that you would earlier enjoy. Drinking alcohol is frequently included in the list.
The factor that specifies whether or not you can drink on probation is specified by the conditions that the court specifies. While these conditions vary by the type of probation, the state in which the hearing takes place also affects the same.
Understanding the terms of the probation is important for the incarcerated individual. If a violation occurs, you might be required to serve time in prison.
This article discusses some important matters associated with drinking when on parole.
Factors determining whether or not you can drink on parole
The literal meaning of parole is that you are under the state’s watch. This is to make sure that you comply with the law. The incarcerated individual also has to comply with the terms of parole.
A host of factors have a determining role to play in the terms and conditions that the judge imposes on you. The following could be included:
- Nature of the offense
If your offense was not associated with drugs or alcohol, probation conditions may not call upon you to temporarily give up drinking. However, there are cases wherein a judge includes alcohol probation as one of the terms of probation even if the offense does not fall under the mentioned categories.
- Probationer’s personal history of offences
If you have a personal history of drug or alcohol abuse, probation terms could have restrictions on drinking. This is a preventive measure to prevent you from violating the conditions of the parole. One is more likely to do so under the influence.
- Applicable local or state laws
While the applicable laws define the terms of parole, the nature of the offense also plays a role here. The basic premise here is to rehabilitate the individual without exposing them to hardened criminals in jail.
Why do terms of parole frequently prohibit drinking?
Alcohol may induce the user to get into arguments or demonstrate typical behavior. This may bring the incarcerated individual closer to serving time in prison.
If one is of legal age, the judge may still allow one to drink on parole. If one does not have a history of alcohol or drug abuse, it helps.
How will the court come to know that one drank on probation?
The court will require you to wear a Secure Continuous Remote Alcohol Monitoring (SCRAM) ankle bracelet. Every 30 minutes, the device can detect alcohol in your perspiration. Positive results are directly sent to court.
You might be required to undergo this sort of monitoring if you have been convicted of a DUI offense.
You may also require undergoing random Urine Ethyl glucuronide (EtG) Testing. The testing detects alcohol in urine after up to 2 days. Even if you have a few drinks, the test will be positive for 2 days. In the case of heavy drinking, it keeps positive for 5 days.
Your defense attorney will be in the best position to know if you can drink on probation or not. Contact ReeCareer, we understand the ex-felons situation. Contact us for counseling and Rehabilitation Programs for Felons. We offer jobs hiring felons and housing programs for felons.
