Drinking alcohol while on probation for a DUI is typically a violation in West Palm Beach, specifically if one of the terms of your probation is “no possession or consumption of alcohol”. If you test positive, it will be reported to your probation officer who then reports the violation of probation to the judge. Testing positive for alcohol while on probation will violate your probation, and you may receive a warrant for your arrest. 


It is highly important to know the terms of your probation. If you need legal advice or representation for testing positive for alcohol while on probation, The Law Offices of Matthew Konecky can help. Our experienced probation violation attorney can help argue if the terms violated were not the purpose of the violation or that you may have been the victim of law enforcement misconduct such as an unlawful search and seizure. To protect your rights, contact us or call us at (561) 671-5995 so we can review your case immediately! 


How long does alcohol stay in your system for a probation drug test? 


On average, a urine test can detect alcohol between as little as 12 and up to 48 hours after drinking. Some advanced urine tests can detect alcohol even up to 80 hours after you’ve had a drink. It is important to note that a hair test can determine alcohol much longer than a urine test can. Alcohol can be detected by a hair test for a period of up to 90 days after consuming alcohol. 


Can you drink alcohol while on probation in West Palm Beach? 


It is important to know the condition of the probationary period and remember that the court requires total compliance until the probationary period is complete. It is not always the case that probation requires 100% abstinence from alcohol in West Palm Beach. The exact terms of probation will depend on factors such as the individual's criminal history, the specific crime with which the individual has been charged, as well as the individual’s personal history. However, when on probation for a DUI conviction in West Palm Beach the court will require you to completely refrain from drinking alcohol.  Even if your charge was down filed to reckless driving, you may have to abstain from drinking alcohol on probation. If you do not closely follow the terms of your probation, it is possible to be sentenced to jail for violating probation. When convicted of a DUI, probation is often in lieu of jail time and is considered a privilege granted by the court. Often when the defendant violates probation, the court may order them to serve the entire suspended jail sentence. 


Dangers of Quitting Alcohol Suddenly When on Probation for DUI


In the case of severe alcoholism, suddenly quitting alcohol can cause withdrawal symptoms. Symptoms such as excessive sweating, nausea, anxiety, and an inability to sleep or eat properly can begin within a few hours of quitting alcohol. A serious condition called Delirium Tremens, otherwise referred to as DT, can also occur. Delirium Tremens is typically accompanied by severe autonomic hyperactivity. If you need to quit drinking alcohol for probation, it is important to be aware of these symptoms beforehand so you can be prepared in case of a medical emergency. 


Can you smoke tobacco or marijuana while on probation in West Palm Beach? 


Unless there is a special condition on the probation order, and as long as the probationer is of age where smoking is permitted, smoking tobacco or use of tobacco products while on probation in West Palm Beach is typically permitted and not considered a prohibited substance. More than likely, the drug and alcohol test will not even test for cotinine, which is a metabolite of nicotine. Probation tests given to juveniles under the age of 18 do typically test for nicotine, however. According to The Florida Department of Corrections, if a probationer has a valid medical card, they will not be tested for marijuana use while on probation in Florida. It is important to note though that without a valid medical card, recreational marijuana use is still not tolerated for those on probation. 


Florida Medical Marijuana laws prohibit recreational marijuana possession and use. Even with a medical marijuana card, it is only legal to purchase marijuana at a legally-licensed dispensary in Florida. For more information on if you can use medical marijuana while on probation in Florida, check out our blog post here. 


What is the difference between Parole and Probation in Florida? 


In Florida, the Office of Community Corrections monitors and supervises probation officers located in 130 offices across the state, including locations in Palm Beach and Broward counties. Parole is specifically for individuals who have already served a portion of their prison sentence and can be returned to prison for violation of any of the conditions imposed by their parole officer. Probation is typically a community supervision option that does not require the convicted individual to spend time in jail, as long as they do not violate the terms of their probation.  In short, probation is granted in lieu of incarceration, and parole occurs after a period of incarceration if a parole board agrees to release the offender early. 

For more information on the difference between probation and parole in Florida, check out our blog post here. 


Who Cannot be Granted Probation in Florida 


In general, those who have been convicted of a minor or non-violent crime may receive probation in West Palm Beach. Individuals who also do not have a prior criminal record and are first-time offenders may also be granted probation. 


It is important to have a lawyer experienced in criminal and probation law in West Palm Beach in order to increase your chances of avoiding jail time and receiving probation instead. The Law Offices of Matthew Konecky can help. Contact us or call us at (561) 671-5995 so we can review your case immediately for your best chance of a favorable outcome. 


How Do You Successfully Pass Probation in West Palm Beach 


In order to successfully pass probation in West Palm Beach, you absolutely must comply with the terms of probation. Probation is not as restrictive as being in jail or prison, but one mishap may land you there. While this is not a complete list, it is important to ensure you pay the necessary fines or restitution, do not partake in drugs or drink alcohol, maintain employment, and complete any necessary community service. Again, if you are unsure of the terms of your probation in West Palm Beach, it is best to contact your probation officer. 


If you drink alcohol while on probation for a DUI in West Palm Beach or Broward County or violated any other conditions of your probation, call us at (561) 671 - 5995.

We are always available through our website and have other articles to provide you with more legal information.
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