Legal Question in DUI Law in Florida

When a judge puts a person on probation for a dwi, and tells the person they can't have alcohol, does that mean

A. That the person is not to have alcohol at a bar, but it's okay to have beer etc. at the house? or

B. No alcohol PERIOD!

And if this person brings beer, etc. into the house, and there are other people living in the house with him, can they get into trouble for being accessories?


Asked on 8/30/10, 1:59 pm

2 Answers from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

If the sentencing language is "no alcohol" then the meaning is clear on it's face & you can & will be violated for being in mere possession of it at your home. If your PO checks on you at home & your roommates have alcohol in the house, you will be violated.

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Answered on 9/04/10, 2:34 pm
Nicholas Dorsten Blake & Dorsten, P.A.

I agree with the above statement, "no alcohol" means NO alcohol period. If the person on probation brings alcohol into his home and is violated, the other roomates would not be in trouble for being accessories. Only the person on probation can be in trouble in this scenario as the Judge or PO does not have control over the roomates.

Goodluck,

Nicholas Dorsten

BlakeDorstenLaw.com

info@blakedorstenlaw

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Answered on 9/05/10, 8:52 am


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