Factors to Consider in Advising a Client on Whether They Can Consume Alcohol After a DUI Arrest
One of the most common questions I encounter when meeting with new clients that have been charged with a DUI, is whether they continue to drink alcohol.
In deciding how to advise these client there are four things that need to be considered before providing any kind of opinion on this matter.
Is abstinence a condition of release: Often times at the DUI arraignment a Judge will impose certain conditions of release that the accused must follow.
This can vary depending the jurisdiction, the facts of the case, the criminal history, etc.
With that being said the most common condition of released imposed at a DUI arraignment is to abstain from alcohol and mood altering drugs not prescribed by a physician.
Therefore if this condition is imposed by a Judge then the answer to whether a client can consume alcohol is simple, no because it is court ordered.
Will an alcohol assessment be completed soon: Sometimes an abstinence condition is not imposed at the arraignment.
Or the only alcohol related condition is to not drive after consuming alcohol.
If that is the case then a client can consume alcohol and not worry about violating a court ordered condition.
However if an alcohol and drug assessment is going to be completed by the client, then they probably should not consume alcohol at least until after the assessment is completed.
The reason being a counselor may mistakenly find the continued consumption of alcohol even after a DUI arrest indicative of alcohol abuse or dependence.
Therefore if an alcohol assessment is going to be completed relatively soon after the filing of charges then it's probably a good idea to not consume alcohol.
Negotiation method: If an abstinence condition has not been imposed or if an alcohol assessment is not going to be immediately completed then the last thing to consider is the Attorney advice regarding alcohol consumption.
One of the most helpful methods of negotiation to use with the Prosecution is to say the client has not consumed any alcohol since the arrest and they are completely abstaining from it.
This is important because often times when Prosecutor's are on the fence about reducing a DUI, if the Defense can demonstrate the defendant is not going to drink and drive again, or this was completely out of character, or they have changed their living habits, a plea deal is more likely to occur.
Best interests of the client: Often times the Attorney needs to take on more of a caring role with a client.
Meaning if sometimes during the course of representation an Attorney might need to have a heart to heart conversation with a client.
In cases where clients have multiple DUI charges, or they continue to drink alcohol an Attorney might need to tell the client they should tone down the consumption.
Especially if a concern arises over the consumption or the overall health of the client.
In deciding how to advise these client there are four things that need to be considered before providing any kind of opinion on this matter.
Is abstinence a condition of release: Often times at the DUI arraignment a Judge will impose certain conditions of release that the accused must follow.
This can vary depending the jurisdiction, the facts of the case, the criminal history, etc.
With that being said the most common condition of released imposed at a DUI arraignment is to abstain from alcohol and mood altering drugs not prescribed by a physician.
Therefore if this condition is imposed by a Judge then the answer to whether a client can consume alcohol is simple, no because it is court ordered.
Will an alcohol assessment be completed soon: Sometimes an abstinence condition is not imposed at the arraignment.
Or the only alcohol related condition is to not drive after consuming alcohol.
If that is the case then a client can consume alcohol and not worry about violating a court ordered condition.
However if an alcohol and drug assessment is going to be completed by the client, then they probably should not consume alcohol at least until after the assessment is completed.
The reason being a counselor may mistakenly find the continued consumption of alcohol even after a DUI arrest indicative of alcohol abuse or dependence.
Therefore if an alcohol assessment is going to be completed relatively soon after the filing of charges then it's probably a good idea to not consume alcohol.
Negotiation method: If an abstinence condition has not been imposed or if an alcohol assessment is not going to be immediately completed then the last thing to consider is the Attorney advice regarding alcohol consumption.
One of the most helpful methods of negotiation to use with the Prosecution is to say the client has not consumed any alcohol since the arrest and they are completely abstaining from it.
This is important because often times when Prosecutor's are on the fence about reducing a DUI, if the Defense can demonstrate the defendant is not going to drink and drive again, or this was completely out of character, or they have changed their living habits, a plea deal is more likely to occur.
Best interests of the client: Often times the Attorney needs to take on more of a caring role with a client.
Meaning if sometimes during the course of representation an Attorney might need to have a heart to heart conversation with a client.
In cases where clients have multiple DUI charges, or they continue to drink alcohol an Attorney might need to tell the client they should tone down the consumption.
Especially if a concern arises over the consumption or the overall health of the client.