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« Wen Ho Yee | Main | A Good Blogger Returns »

March 20, 2004

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I wonder why Kleiman's "fair and balanced" weblog has no place for comments??

Most of the time, a DUI driver is ordered not to drink as part of his probation. Sure, probation doesn't watch the guy 24/7, but he is tested regularly, and if the probation officer finds he has been drinking...the standard for getting probation revoked is a lot lower then convicting someone.

Interesting thread everyone's posting. Thanks for weighing in.

but he is tested regularly,...

Really? You're the DA, so I guess you know. I don't see how this works. Alcohol leaves your system pretty fast; is there some residual BAC that shows up a long time after you stop drinking? If not, I don't see how regularly scheduled tests would detect drinking. I thought probation just required going to work, not getting caught drinking or driving on the suspended license, and not getting locked up for anything else.

True, unlike, say marijuana, your average night's drinking leaves your system at some point the next day. There are other ways to catch someone - open containers in the vehicle (always subject to search), random visits with portable breath testers, and simply asking the probationer (you'd be surprised how many people just admit that sort of thing.)

You're right, though, that because probation officers are as overworked and underpaid as everyone else in the criminal justice system, the main determinant is whether they get caught.

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