Drinking while on bond for DUI arrest

Posted by Matt McLane | Feb 08, 2017 | 0 Comments

When a driver posts bond following a DUI or DWI arrest, the bond papers generally lists a few conditions of bond that must be followed pending the outcome of the case.  The one condition that is always listed is NO Drinking and NO Drug use.  Some courts require random UA testing of defendant while the case is pending.  This poses a problem for those who choose not to stop drinking.  A positive test could result in the revocation of the bond and the defendant taken into custody based on a violation of the bond.  The bond condition can also affect one's application for diversion if the question of drinking arises during a "diversion conference" and the defendant admits to drinking while on bond.  The diversion coordinator, who rules on the application for diversion, can add certain conditions to the diversion agreement if an admission to drinking is made by the defendant.  This issue recently resulted in my client's diversion application being accepted but with the addition of the Weekend Intervention Program (WIP) being imposed as part of the diversion Agreement. The program is a 48-hour "in-house" addiction treatment counseling that costs approximately $400.  It is often requested by defendants who are convicted of DUI and prefer the WIP program in lieu of the mandatory 48 hours jail for a first-time offender.  Therefore, to avoid the WIP condition in the Diversion Agreement, you should read and comply with ALL conditions of the bond.  Compliance is the key.  It will allow your attorney more leverage during negotiations for diversion or alternative plea arrangements. 

About the Author

Matt McLane

Matt McLane was born in Topeka, Kansas, and moved to Pittsburg, Kansas in 1980 where he attended middle school, high school and college. Upon graduation from PSU in 1992, Matt moved back to Topeka where he attended Washburn University law school. Upon graduation, he moved to Overland Park and worked in a small firm handling DUI and traffic cases. He opened the McLane Law Firm in April 2011 and has built his firm on a strong referral base and solid reputation.


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McLane Law Firm

Matt McLane has been defending individuals charged with DUI, traffic and criminal offenses since his graduation from Washburn University Law School in 1996. Licensed in the states of Kansas and Missouri. Mr. McLane specializes in DUI and criminal defense throughout the Kansas City metropolitan area.

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