Bobby Brown, the ex-husband of recently deceased singer Whitney Houston, recently pled no contest to driving under the influence (DUI). As a part of his probation, the Court ordered Mr. Brown to abstain from drinking alcohol for 30 days.
While not required in a California DUI case, a “no-alcohol” clause is sometimes added to probation terms. The wording of the order is typically something like, “Do not procure, possess, or consume alcoholic beverages, and do not enter into any establishment where alcohol is the chief item of sale.”
No-alcohol clauses are rarely a part of first-offense DUI probation in California. Usually, you will only be prohibited from driving a car with any measurable amount of alcohol in your blood. However, if your case is aggravated in any way, you may get this term added. Such aggravators include prior convictions, injuries, reckless driving, or felony convictions. If a no-alcohol term is added to your misdemeanor probation, it is important to know that you can be jailed for up to one year if you are caught violating the term. It may be possible to remove the term during your probation if you clearly show the court that the term is not necessary.
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