Is drinking in one's own home illegal?
My friend, a 43 year old man, convicted in 2000 for DWI. This was his 3rd DWI in 15 (fifteen) years. He servied his jail time, paid his fines, has completed his community service, is not driving at all, and is on probabion for 6 years. He is reporting as required. Two weeks ago 2 men from the ''Probation Dept.'' knocked on his front door at 10 PM, his son answered and was ordered to get his father. The man was in bed asleep, and the child was ordered to get his father. They made this man stand outside his front door and blow into a breathalizer in his yard. He had had a couple beers while bar-b-queing in his yard that evening. He was told that even if he's home, they can come at any time, unannounced, and make him ''blow''. If it's ''over the limit he's going to jail.'' even if he drank these beers in his living room or back yard. My friends are very concerned about this. He has not been informed of any condition of his probation that states he cannot have a drink in his own home. Is this legal?
1 Answer from Attorneys
Re: Is drinking in one's own home illegal?
Seldom is probation granted these days without a strict requirement against the consumption of alcoholic beverages. That is legal. The PO may arrive without advance warning and conduct a BAC test such as you describe, as it is his job to enforce the conditions of release.
Your friend should obtain a copy of the Order or Judgment which establishes the conditions of probation, and abide by them.
He might also benefit greatly from substance abuse counselling.
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