Not Drinking Alcohol After Arrest

This will be an ongoing post as I build on what I want to get across. There are no doubt benefits to abstaining from a number of food and drinks. My initial purpose for this post was to limit the subject matter to abstaining from alcohol while a pending DWI or DUI court case was looming. After further thought, the topic can actually be helpful to more than just my court clients.

I usually mention to new clients that although I am not trying to get too personal it might be helpful to abstain from alcohol and/or drugs during the pending court case. Sometimes it is useful in bargaining the case when the prosecutor knows that my client learned a lesson that impacted them to make a change.

If I feel that the client may be on a downward spiral I am concerned about their general health and situation. As a lawyer counseling our clients in their best interest is important. To me, it is a moral obligation to a client to help them have a better life. It can be frustrating if a person refuses to listen to sound advice. I do not take it personally if they don’t.

Should I Stop Drinking After a DUI

Yes. Even if a person does not drink much or very often it is a good idea to stop temporarily at least. On the off chance that the offense occurs again the situation just got exponentially more difficult to resolve for the lawyer.

A client who stops drinking during a pending case also gives me confidence that my client is willing to improve. I can feel confident speaking to the prosecutor. The court system can rest easy knowing that this will probably not occur again. This will also make it easier to get an acceptable resolution to the case.

Alcohol effects can be depressing for a person to recover from. With the stress of a pending alcohol-related crime a person can make the situation just that much harder on a day to day basis. It is a good time for a person to work on self-improvement during a pending court case.

Can You be Court-Ordered Not to Drink?

Absolutely yes you can. While a case is pending a person is either in jail or bonded out. The bond can have special restrictions such as a curfew, places not to go and whether or not alcohol may be consumed. A drinking and driving charge, at least in Texas, many times requires abstinence from alcohol consumption.

This can especially be a problem if there is an ignition interlock device in the accused’s car or an alcohol scram device on their ankle. The testing devices will catch alcohol consumption. This will then notify the supervising authority of alcohol consumption. The next step is a bond revocation motion filed in court that will need to be explained to the judge. There are occasionally false positive tests for different reasons. But the proof of this usually falls on the defense attorney to convince the court of this.

When I talk to new clients I throw out the idea to make the whole process the time for self-improvement. Although it is not my business to rearrange a person’s private lives, I do make suggestions. I throw it out there that getting ahead of the situation can be the best route.

Why not set your own abstinence standard instead of rebelling against a court order? It becomes much more difficult to complete a task while rebelling and complaining about the rules of a particular situation. If it’s cold outside wear a coat. Would complaining about the weather and not dressing warm make the situation any easier. No, so we adjust.

Having a positive attitude rather than complaining really does help in the end. So many of my clients who refused to complain about the situation they found themselves in had their case resolve well. My experience with cases where the client complained instead of adjusting and staying positive seemed to always turn out worse.

It can be a lot easier psychologically for a person to make their own standard rather than doing so because of being ordered to by someone else. This advice may be more so for the rebellious spirited people who do not favor authority. Accomplishing personal goals can be very satisfying as well.

AA Attendance Sheet

Sometimes a person wishes to attend AA meetings for personal reasons or by a suggestion of an attorney. Sometimes it can help the outcome of the case. But regardless it cannot hurt to go to one. At least a person can explore whether they may have an alcohol abuse issue.

Below is a link to a printable PDF AA attendance sheet. It has blanks to fill in general information to provide proof of attendance. There may be more specific information required but this is sufficient in most cases.

Look at my home page for more information.

Author: Eric Torberson

Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas.