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Is it legal for a judge to command me to quit drinking alcohol?

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Yes, at least here in FL, a co-worker blew a .24 lost license for 1 year, probation and multiple tests for alcohol/drugs while on probation, all in all cost him 6K for that stunt..
 
Basically it's a condition of probation. If you're no longer being supervised in some capacity by the justice system, you can legally drink. Don't do anything stupid while drunk that gets you arrested and you'll be fine. If however you do get arrested, the fact that you have a prior, especially one involving drinking, would work against you greatly.

But no, the "no drinking" order doesn't follow you for the rest of your life.
 
Papa Hogan said:
I think I received the maximum sentence for a first offense DUI, but they waived the traffic infractions that occurred. I MAY have to look into the law deeper to ascertain whether current drinking can be prosecuted.
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You just answered your own question. You need to find the judge's actual ruling on your case and obey the terms, otherwise you risk going to jail for violating your probation regardless of which state you are in or how improbably it is they will catch you.

I doubt any judge would sentence you to quit drinking for life, but for the length of your probation, sure they can do that. Drinking alcohol isn't an inalienable right. I laughed when you referred to it as a freedom. There really is no limit to how creative a judge can get with sentencing, and you can always choose to do the jail time instead.

And I know from experience that the last thing you want is to be picked up by your local police on a warrant from another state. They don't put you on a plane or bus and send you straight back. They hold you for a week or two to give the state that wants you time to come get you, which they never do. They they slowly bus you from jail to jail "on the chain" all the way back to where you need to appear. Those prisoner transports don't run daily, so you might sit in a crappy holding cell for days waiting for the next one.

I had that happen to me and it took 41 days before I saw a judge and could bail out. I lost count of how many different county jails I was booked in and out of, some for only one night, but I think it was seven total. Not a fun way to travel, but you do meet some interesting characters.
 
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to people who say, "this is some bullshit DUI" take a few things into consideration.

If you blow a .08 or .10 depending on what your state limit is, that is a HIGHLY intoxicated condition for someone who is not a seasoned drinker.

With a social drinker/weekend drinker tolerance level, to get to .08 you will actually feel pretty fucking buzzed, if not completely drunk.

If you have a high tolerance, you may not feel "fucking buzzed" but your actions and though process are still affected. To make matters worse, you end up drinking more to get that feeling, so you could be driving around at well OVER the legal limit.

Even if you are under .08, if you are a lightweight you can still get a DUI.

Bottom line, don't drink considerably and then drive. Once you feel buzzed, lay off and use your best judgment.

A DUI ticket is your least worries, worst case scenario is you die and/or cause the deaths of others.
 
Listen to the judge OP, he is looking out for your.

Besides taking a break from Alcohol will most likely improve your lifestyle in the end.

good luck
 
Papa Hogan said:
I received a "driving under intoxication" citation a few years back and the judge ordered me to quit drinking entirely (in a different state). Can a judge take my freedom in this matter? How about if I move to a different state? Does his jurisdiction extend to the whole country?

Thanks!
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You have a problem regardless. You should give it up on your own.
 
Papa Hogan said:
I received a "driving under intoxication" citation a few years back and the judge ordered me to quit drinking entirely (in a different state). Can a judge take my freedom in this matter? How about if I move to a different state? Does his jurisdiction extend to the whole country?

Thanks!
Click to expand...

haha awesome
 
mizzou said:
to people who say, "this is some bullshit DUI" take a few things into consideration.

If you blow a .08 or .10 depending on what your state limit is, that is a HIGHLY intoxicated condition for someone who is not a seasoned drinker.

With a social drinker/weekend drinker tolerance level, to get to .08 you will actually feel pretty fucking buzzed, if not completely drunk.

If you have a high tolerance, you may not feel "fucking buzzed" but your actions and though process are still affected. To make matters worse, you end up drinking more to get that feeling, so you could be driving around at well OVER the legal limit.

Even if you are under .08, if you are a lightweight you can still get a DUI.

Bottom line, don't drink considerably and then drive. Once you feel buzzed, lay off and use your best judgment.

A DUI ticket is your least worries, worst case scenario is you die and/or cause the deaths of others.
Click to expand...

I wouldn't call .08 "pretty fucking buzzed".

That being said, if the OP was ordered to not drink, they're looking out for your best interests so that they don't have to send you to jail. Next time you're going to booze it up, think to yourself: "is it worth going to jail for this, or even worse, killing some innocent family because I'm too fucking stupid to not drink the stupid juice?" If you answered yes, then you should probably go straight to jail so that you don't risk harming innocent bystanders.
 
No he cannot. Because this is ATOT and whatever a sitting judge decrees under his legal authority can be undone by the power of ATOT.

Go have a beer and if you get busted point the judge to this thread....you'll get a pass.
 
mizzou said:
to people who say, "this is some bullshit DUI" take a few things into consideration.

If you blow a .08 or .10 depending on what your state limit is, that is a HIGHLY intoxicated condition for someone who is not a seasoned drinker.
Click to expand...

Exaggerate much? .08 is not highly intoxicated. The funny thing is they keep trying to lower the limit every time somebody else gets kill in a dui incident - although nobody seems to connect the dots that often times that person was driving at a .15 to .2.....
 
Papa Hogan said:
I received a "driving under intoxication" citation a few years back and the judge ordered me to quit drinking entirely (in a different state). Can a judge take my freedom in this matter? How about if I move to a different state? Does his jurisdiction extend to the whole country?

Thanks!
Click to expand...

yup
 
Papa Hogan said:
I received a "driving under intoxication" citation a few years back and the judge ordered me to quit drinking entirely (in a different state). Can a judge take my freedom in this matter? How about if I move to a different state? Does his jurisdiction extend to the whole country?

Thanks!
Click to expand...

Took a little while to figure out where the OP was, but I found it.

Here's the rub: As a US Citizen you abide by the laws set forth by the governing structure in the US. One of those things happens to be that judges in the US court system basically get to tell you what you can and can't do, sometimes in a rather irrational manner. They cannot, however, impinge upon your rights as governed by the constitution and its amendments (you're probably thinking cruel and unusual punishment here), with one crucial exception: When it comes to the safety of the general population. Yep, think "The Greater Good" here.

So yes, a judge can mandate as part of your sentence that you refrain from imbibing the firewater. Whether you do or not, that's an enforcement issue. But yes, it can, very legally, be applied to your sentence should the judge feel you would be a danger to society without that condition applied.
 
Papa Hogan said:
I think I received the maximum sentence for a first offense DUI, but they waived the traffic infractions that occurred. I MAY have to look into the law deeper to ascertain whether current drinking can be prosecuted.
Click to expand...

Doubt that, unless you did a year in jail.

If you do a max sentence, you don't get probation/parole. But nobody ever does that.
 
Zeze said:
Isn't this a matter of enforcement?

Who's going to be following you around and take you away whenever you get a drink? At bars? At home? At anywhere?
Click to expand...

In some DUI cases, you must submit to weekly tests and also can be pop-tested.

You fail a test while on probation you will be held in contempt of court. If you can't take a bit of time off drinking then you have a problem.
 
mizzou said:
to people who say, "this is some bullshit DUI" take a few things into consideration.

If you blow a .08 or .10 depending on what your state limit is, that is a HIGHLY intoxicated condition for someone who is not a seasoned drinker.

With a social drinker/weekend drinker tolerance level, to get to .08 you will actually feel pretty fucking buzzed, if not completely drunk.

If you have a high tolerance, you may not feel "fucking buzzed" but your actions and though process are still affected. To make matters worse, you end up drinking more to get that feeling, so you could be driving around at well OVER the legal limit.

Even if you are under .08, if you are a lightweight you can still get a DUI.

Bottom line, don't drink considerably and then drive. Once you feel buzzed, lay off and use your best judgment.

A DUI ticket is your least worries, worst case scenario is you die and/or cause the deaths of others.
Click to expand...

.08 and .10 are not going to make anyone but rare individuals HIGHLY INTOXICATED.

As a matter of fact the founder of MADD withdrew because she never intended her crusade to stop someone from having a couple drinks and driving. She was after those that get totally shit faced and try and drive.

Once the organization found out how powerful their lobbying was and how easy it is to rack up drivers on a weekend for DUI at $5k+ a pop, it because another wealth redistribution method.

Each year only about 10,000 people die from alcohol related driving deaths. Now many of those are only the driver dying and many the alcohol probably was not the main reason the accident occurred.

Yet over ONE MILLION people are arrested per year for this. There are more murders in the US than DUI deaths (about 50% more) yet law enforcement isn't are focused because there is no revenue to be made. It's not about saving lives, it's about making money with fines.
 
im pretty sure theres an inexpensive metabolite screen now, so they can make a positive urine test up to 3 days after consumption now.
 
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