San Diego, CA asked in DUI / DWI for California

Q: Is this legal? My brother got a DUI - he's an alchoholic. Terms of probation are he can't drink

- his wife called the cops and told them to give him a breathalyzer test and they did and sent it to the probation officer. Can his wife just call any time? Don't think that's fair.

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Probably. A typical term of probation for a DUI is that you (1) can't drink, and (2) are subject to search by any law enforcement officer at any time for any reason. One would hope that our spouse is there to help and encourage us, but that's not always the case. Some spouses are exactly the opposite.

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