Legal Question in DUI Law in Virginia

I was arrested for DUI first offense and have served my 20 days in jail. I am beginning the probation process now. I have to take ASAP classes in addition to a alcoholism treatment program called ADAPT. According to the paper I signed I am not allowed to have any alcohol at all.

As part of my religion, a form of germanic paganism, I perform a ritual where I take a few sips of beer or mead before pouring the rest as an offering to a God or Goddess. Will the courts consider a few sips of beer a violation?

This is my first arrest, I have no history of alcohol abuse, never had cops called on me for any sort of alcohol related problems. I've drank responsible for over a decade and made one mistake. Can the courts violate my probation for this simple religious practice? A sip or two of beer is less alcohol than what I would get from cold medicine or mouthwash. I can ask the people at the treatment center, but their walls are plastered with neo-prohibitionist documents and until recently forced people into Christian based Alcoholics Anonymous without any regard to their religious rights. I don't trust them to give me an answer that doesn't serve their agenda.


Asked on 10/11/09, 11:37 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

You could write a letter to the judge who sentenced you and ask for a waiver for this particular practice. (However, don't be surprised if it's denied.)

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Answered on 10/17/09, 10:48 am


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