Expert: Peter L. - 8/11/2010

Question
My boyfriends daughter has a friend that was on probation for meth. She was sent to mandatory drug rehab last month. the daughter of my boyfriend said it was due to her having started drinking. is drinking  while on probation for methamphetamine a violation? I ask this as i think they both are on meth again.

Answer
Hi Janice,

Drinking, or the use of any substance, can be prohibited in some probation agreements.  In other words, something perfectly legal for everyone else to use, like alcohol, is considered problematic for some probationers, so they cannot drink.  This is the case with some, but not all probation agreements where alcohol has been an issue, or even where it has not been.  The definition of addiction recovery as interpreted by the legal system can mean that all addictive substances that cause behavioral problems must be stopped. Of course, cigarettes are excluded from this.  They don't seem to be implicated in any criminal behavior, at least not yet!

If someone has a domestic violence or disorderly conduct charge, or DUI, they can be told drinking is a violation of their probation and be violated if found doing it.

Hope this answers your question.

Peter