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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32789
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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In the marine corps is there any order that allows your command

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In the marine corps is there any order that allows your command to issue a portable breathalyzer test to an individual in their off duty time to enforce having a dry platoon? I'm an MP and based on what I've been taught the only time you can breathalyze someone is if they're on duty and suspected of being drunk or driving (due to implied consent).
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The order to use the breathalyzer to check for alcohol use is not a problem at all. A commander can give such an order.

The problem may be with the order against alcohol use.

It is not a legal order to have a "dry platoon". At least not unless there is a valid reason for this...For example if the platoon was training in the field, the commander could order no alcohol during the training.

And on ship is another example where alcohol is properly banned.

But in garrison, on liberty? It would not be a legal order.

P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for your help. It appears, however, that my command has found a loophole by placing us all on recall status 24/7 for several weeks.

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