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 11 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/


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