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  1. #1
    Join Date
    Sep 2016
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    Default If You're on Probation Can You Be Subjected to Random Breathalyer Tests

    A man in California was convicted of DUI/DWI and part of his probation is that he cannot consume alcohol. His wife called the police and, when they reported to his home, they administered a breath test. They didn't arrest him but they told him that they are going to give the test result to his probation officer. Is that legal?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: If You're on Probation Can You Be Subjected to Random Breathalyer Tests

    He should check the terms of his probation. It is very likely that one of the terms is that he consented to search by law enforcement at any time, for any reason, and that the provision encompasses breath testing for alcohol consumption.

    He should discuss the details with his criminal defense lawyer.

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