Court Ordered Breathalyzer Tests

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Summary

If a court order prohibits alcohol consumption around children, law enforcement can administer a breathalyzer test to ensure compliance. If the order states children should not see a parent intoxicated but does not specify breathalyzer tests, you should still report any suspected violations to authorities. Documenting these incidents can be crucial for future legal proceedings. A notarized letter from a witness willing to testify can also be submitted as evidence. Always prioritize your childs safety and consult a local attorney for specific advice.

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Can an officer give someone a breathalyzer if its court ordered they are not to drink with children in care
Absolutely, if the court has ordered that an individual is not to consume alcohol while having children in their care, law enforcement officers may administer a breathalyzer test to ensure compliance. Could you please tell me your location so I can provide more specific information?
Divorce was in mower but the trspondent is in dodge county
Thank you for the information. In general, law enforcement can administer a breathalyzer test if it's court-ordered. However, this can vary by location. Can you clarify if you're asking about laws in Mower County or Dodge County?
So the breathalyzer has to be court ordered ?
Yes, in most jurisdictions, a court-ordered condition of custody or visitation can include a requirement that the person abstain from alcohol, and a breathalyzer test can be used to enforce this. However, this can vary by location.
Ok what if it says childten should not see parent intoxicated what can they do if i know he is drinking ? But it does not say in orderto gove breathalyzer test?
If it's court-ordered that children shouldn't see the parent intoxicated, and you suspect drinking, you can report this to the authorities. However, unless specified, breathalyzer tests aren't automatically administered. Verify the conditions in your custody order or consult with a local legal expert.
Do i call 3verytime i know hes drinking even tho they cant do anything ?
Yes, if you suspect the other parent is violating the court order by being intoxicated around the children, you should report it. It helps to document the violations, which could be useful in any future legal proceedings.
This happened over the weekend and the cop was rude. How do they look at this they may think im a crazy person but my daughter is telling me every night that he is drinking
I understand your concerns. If your daughter reports to you that her father is drinking, it might be beneficial to make a record of these incidents. You could potentially use this information in future court proceedings. It's also advisable to consult a local attorney about your options.
So i just call it in even though they cant do anything ?
Yes, it's important to continue reporting. Even if it might seem like immediate action isn't being taken, your reports are creating a record of the issue. This could be vital evidence if you need to go to court to modify custody arrangements.
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I understand your frustration. Yes, keep reporting. It helps build a case if the situation escalates legally. Always prioritize your child's safety and well-being. Are there any other questions you have regarding this situation?
It is not proof though
I understand your concerns. Reporting alone may not be enough proof, but it establishes a pattern. It's advisable to keep a detailed record of each incident, including date, time, and your child's statements. Consider consulting a lawyer for further guidance.
Why would a judge put that in an order if it cant be proved with no breathalyzer test does not make any sense
A judge may include such a condition in an order to ensure the child's safety. The challenge with proof lies in enforcement of the order, not the order itself. Remember, even without a breathalyzer, other evidence can be considered.
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I understand your concerns. The aim is to ensure the safety of the child. While it might be challenging to prove, it's not impossible. Other forms of evidence and patterns of behavior can be considered in the court. Is there anything else you'd like to ask?
Its just my word though again it doesnt make sense
I understand your frustration. The court relies on multiple factors for these decisions, including witness statements. Do you have any other concerns or questions about this issue?
If someone writes a letter to the court and has it notarized saying they are willing to testify the facts does that count as anything ? Will they have that person testify?
Absolutely, a notarized letter can be submitted as an affidavit, which is a written statement confirmed by oath or affirmation, for use as evidence in court. If needed, the person may also be summoned to testify in court. However, procedures can vary by location.
Ok thank you
You're welcome! If you have any more questions in the future, don't hesitate to ask. Remember, it's always beneficial to consult with a local attorney for specific advice. Stay strong and keep prioritizing your child's safety.