Will I get random alcohol tests if I enter a plea and abeyance for underage drinking?

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Will I get random alcohol tests if I enter a plea and abeyance for underage drinking?

I will be 21 by the time I go to court.

Asked on October 2, 2011 under Criminal Law, Utah


Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

In Utah, a plea in abeyance is means that the judge will accept your guilty/no-contest plea and hold it for a set period of time (usaully a year).  If you successfully complete the terms and conditions of the plea in abeyance, the charge will be dismissed.  Usually, under the facts of your case, the judge will order a drug and alcohol assessment and have you follow those recommendations.  If the assessment recommends treatement, there is a possibility that you will have to do random alcohol tests.  Usually, you will not be ordered to do random alcohol tests.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether or not you receive as a penalty for a plea for under age drinking random alcohol tests remains to be seen as a condition of any plea. Most likely you will be fined a certain amount of money and placed upon probation where a penalty will be imposed upon you if you violate your terms of probation.

If you are not represented by a criminal defense attorney as to the matter that you are writing about, it is recommended that you retain one.

The reason is that criminal matters are serious and a conviction for a criminal offense could have a long lasting effect upon you for future school or employment opportunities that could be detrimental to your future.

Good luck.

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