What are the potential consequences of a random BAC screening by a CA probation officer? 11 Answers as of April 18, 2011

My friend is on probation for DUI conviction and has been in full compliance with terms (regularly attending classes and probation meetings). Recently, his new probation officer came to search his home at 6 am and said they needed to do it before he left for work. Then right after the holidays, the probation officer hit him with a surprise BAC test. He had one drink at Christmas dinner with his family (of course did not drive). Will the test show minimal traces of alcohol in his blood three days later? And if so, would that be a violation of his probation? It seems overly aggressive and intrusive. Thoughts?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Whether this is a probation violation or not depends on whether he has a clause in his probation terms that he cannot drink at all as opposed to not drinking while driving or to excess. Certainly this is a very proactive probation officer who may or may not have a particular reason for this "agressiveness."
Answer Applies to: California
Replied: 4/18/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
There is no way you would still have measurable amount of alcohol in your system after three days has passed since the last drink. If there was a measurable BAC it could be a violation depending upon the terms of the probation. If one of the terms is consume no alcohol then yes it would be.
Answer Applies to: California
Replied: 1/10/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
If a person fails a drug test administered by a probation officer and a condition of their probation is to refrain from using any drugs or alcohol that person would be considered in violation of their probation. This could lead to a number of problems for that person including jail time, fines, additional classes and/or additional probation.

Feel free to contact our office with any additional questions.
Answer Applies to: California
Replied: 1/10/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Potential? Thoughts? The PO has essentially unlimited discretion and power. If he issues an order that is not followed, or if he alleges any violation of terms, he can violate the probation and return the person to jail. Learn to cooperate with a smile pasted on your face.
Answer Applies to: California
Replied: 1/10/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The action of the probation officer is within the scope of a formal probation. However, if what you wrote are the complete facts, the test should be negative.
Answer Applies to: California
Replied: 1/10/2011
    Law Offices of Ryan P. Murphy
    Law Offices of Ryan P. Murphy | Ryan P. Murphy
    Depending on the terms and conditions set by the court, the probation officer most likely can randomly test your friend. If there was only one drink, three days earlier, alcohol should not show up.

    If it does, the potential liability depends on the court, county, judge, and most importantly, the attorney.

    Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
    Answer Applies to: California
    Replied: 1/10/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If it shows any blood alcohol at all he will try to revoke probation. He'd better bring a lawyer to court if they do and put on testimony that he had one drink and didn't drive but I think the terms of probation are NO drinks.
    Answer Applies to: California
    Replied: 1/10/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    How many dui's does your friend have? Is abstaining from alcohol part of his probation? Even so, if he had 1 drink 3 days prior to the test, his body would have absorbed and processed the alcohol under normal circumstances.
    Answer Applies to: California
    Replied: 1/10/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This test will likely not show any alcohol in his system. Alcohol leaves the system very quick. However, if there is anything on the test, he may be facing a probation violation.
    Answer Applies to: California
    Replied: 1/10/2011
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