Brandon, FL asked in Criminal Law for Florida

Q: The Defendant agrees not to possessintoxicants to excess. Does that mean I can drink and not be required to take a etg t

Will I get introuble if I test positive for alcohol in my system?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: The phrase "not to possess intoxicants to excess" doesn't make much sense. If you possess alcohol but don't drink it, what would be excessive? I think it means that you should not CONSUME intoxicants to excess.

Assuming you are on probation, you probably could be required to submit to testing. If it shows positive, and are driving, you probably would be in trouble. On the other hand, if you have not been driving and show positive, it would depend on whether the authorities consider your alcohol (or "intoxicant") consumption excessive in light of all the circumstances.

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