Can an employer ban any alcohol use on a 24/7 basis (full-time?).

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Can an employer ban any alcohol use on a 24/7 basis (full-time?).

I received a DUI and have been placed on a Fit For Duty program by my employer which includes a daily breath test (M-F) and an ETG urine test for alcohol use over the weekends.

Asked on June 20, 2009 under Criminal Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Good question.  What do you do for a living? Does it require you to be sober so you don't endanger one? If so, probably.  What does your probation program dictate? What are the conditions? Do you have alternative sentencing requiring this? Is this your first DUI? Were you charged and convictef of anything else?

 

Are you a police officer? If so, absolutely they can require it.

If you still have concerns, try the following:

1. www.attorneypages.com

2. New Mexico Department of Workforce Solutions: http://www.dws.state.nm.us/


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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