Can a court impose a “no alcohol zone” on a person’s home if that person’s wife has had2 DUI convictions withinas manyyears?

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Can a court impose a “no alcohol zone” on a person’s home if that person’s wife has had2 DUI convictions withinas manyyears?

I enjoy a drink or so in the evening after work. Can a court impose their will upon me to not drink in my own home because of my wife’s problem? Can they appoint officers to randomly come into our home and check for any alcohol in the house? Is this legal?

Asked on July 24, 2011 Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most States in this country are coming down hard on people who have been convicted for driving a motor vehicle under the influence of an alcoholic beverage. Orders for a conviction of drunk driving can be no drinking of alcohol at any time by the offending person and potentially submitting himself or herself to testing.

However, I have never heard about any penalties imposed upon a convicted drunk driver having restrictions upon some family member who did nothing wrong where the court sentence mandates no alcoholic beverages in your home due to prior drunk driving convicitons of your wife. Likewise, I do not believe law enforcement can randomly come to your home to check for alcohol in your house because of what your wife did.

If there is such a court order, it most likely would be in violation of your Constitutional Rights.


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