A police agency may not order any conditions in connection with an interim bond on a drunk driving charge. See SCAO Memo May 7, 2015. Once you are arraigned by a judge or magistrate, you will be required to completely abstain from any alcohol consumption if that is a condition of your pretrial release. If a judge orders that you attend JAMs to ensure abstinence from alcohol, YOU MAY NOT DRINK ANYWHERE, ANYTIME, UNDER ANY CIRCUMSTANCE.
Many judges do not order testing but may order that you refrain from consuming alcoholic beverages. Some judges do not order that you refrain from drinking at all. Even if you are charged before a judge who has released you on personal recognizance without any special conditions, it is a good idea to refrain from consuming alcohol while the case is pending. In the event of a plea or a conviction following trial, the probation department will ask when you last consumed alcoholic beverages, and the answer to that question will reflect positively or negatively on the terms and conditions of your probation.
If you drink while on bond after being ordered to refrain from alcohol consumption, you risk being charged with a bond violation. If you are facing a bond violation, the judge may increase your bond, increase the frequency of testing, or order that you be incarcerated pending trial. Even if you are not ordered to refrain from drinking while on bond for a drunk driving charge, it is a good idea to refrain from consuming alcohol. If alcohol got you into trouble with your immediate charges, drinking more will not help your case.
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