If a person who is on probation due to a DUI conviction is forbidden to drink alcohol but drinks alcohol anyway on property owned by another party, is the property owner liable in any capacity in lieu of this "forbidden" behavior? Is the property owner required to enforce this probationary limitation within their property as to not allow this behavior? What are the legal ramifications, if any, in regard to this situation? Can and should the person be removed from aforementioned property for committing this daily violation?
I am unsure what to place this under in regard to specific section of law so I chose DUI...Thanks Kim
1 Answer from Attorneys
It is not against the law for a person who is on probation for DUI to consumer alcohol. There is a distinction between violating a criminal statute and violation a court order; the latter would be a probation violation and punishable by the imposition of some or all of a suspended sentence. However, it is not a crime.
The owner of real property where such person consumes alcohol in violation of probation faces no criminal or civil liability.
If the property owner wants to put a stop to the behavior, a call can be made to the local friendly law enforcement agency and report a trespass violation. In the ensuing investigation, the incident report will eventually end up as the basis for a probation violation.