Can the court order me to quit drinking alcohol?

After a conviction in the state of Arizona for a first offense extreme driving under the influence (DUI) or any second offense DUI, the courts may require defendants to undergo 30-90 days or more of continuous alcohol monitoring or twice daily alcohol testing. The type of monitoring will be determined at the time of sentencing.

In Tempe or Phoenix, it is important that you should consult experienced Arizona DUI lawyers like those associated with the Law Offices of Craig W. Penrod, P.C.

If a DUI defendant is sentenced to a term of probation as the result of a conviction, it is possible that the judge will order an assessment of the defendant's dependence on alcohol. The defendant could be required to attend educational classes regarding alcohol dependence. The defendant can be held in contempt of court if they are found to be in violation of the court-ordered conditions of probation.

Under the Uniform Conditions of Supervised Probation which govern the activities of adult probation departments (APD) in the state of Arizona, defendants who are sentenced to a term of probation are required under the conditions of probation to undergo assessment and treatment regarding the use of alcohol and drugs. The conditions approved in 2010 specifically state:

  • "I will actively participate and cooperate in any program of counseling or assistance as determined by APD, or as required by law, given assessment results and/or my behavior. I will sign any release or consent required by the APD so the APD can exchange information in relation to my treatment, behavior and activities.
  • "I will not possess or use illegal drugs or controlled substances and will submit to drug and alcohol testing as directed by the APD."

A defendant may also be ordered to attend Alcoholic Anonymous (AA) meetings. Alcoholics Anonymous began at a meeting involving two alcoholics, a businessman named Bill Wilson and a physician, Bob Smith. “Bill W” and “Dr. Bob,” as they are now known, in 1935 in Akron, Ohio. While Wilson's sobriety has been attributed to his affiliation with a Christian movement. It has been said that Smith was inspired to stop drinking by Wilson's success. In an effort to assist other problem drinkers, Wilson and Smith published “The Big Book,” which spelled out the philosophy, principles and methods of AA, including the 12-step method for attaining sobriety.

AA participants meet in groups as a way to help each other achieve and maintain abstinence from the use of alcoholic beverages. The meetings, which are free and open to anyone serious about stopping drinking, including DUI defendants ordered by the court to participate in AA meetings and activities. Participants are encouraged to integrate the 12-step program into their lives one step at a time.

A recently developed device known as Secure Continuous Remote Alcohol Monitor (SCRAM) provides for continuous alcohol monitoring through the use of an ankle bracelet that can detect the presence of alcohol in a defendant's system and alert the facility that is responsible for monitoring the device. If the monitoring facility detects that you have consumed any alcohol, the court will be alerted and punitive actions may be taken against you.

The Law Offices of Craig W. Penrod offers free consultations for all DUI and criminal matters. Our Arizona DUI attorneys and criminal lawyers can provide you with the experience and knowledge needed for qualified representation. An experienced Arizona DUI lawyer is vital in cases of driving while intoxicated and our DUI attorneys set that standard. If you're in need of a criminal defense, our Arizona criminal attorneys are ready to assist you. Let our Phoenix DUI lawyers and Phoenix criminal attorneys serve you.

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