WA: DUI probationer’s condition of random UAs was reasonable

A DUI probationer’s probation condition of random UAs was reasonable “to ensure compliance with a probation condition prohibiting the consumption of alcohol, marijuana, or non-prescribed drugs.” Trial court erred in setting the condition aside. State v. Olsen, 2016 Wash. App. LEXIS 1215 (May 24, 2016):

¶25 Here, Olsen was convicted of DUI. She was sentenced to 364 days in jail, but was allowed to serve 334 days of that sentence on probation. While on probation, she remained under custody of the law. Reichert, 158 Wn. App. at 386. As someone serving a criminal sentence under legal custody, she had a greatly diminished expectation of privacy in general.

¶26 Further, the nature of Olsen’s crime eliminated any specific privacy interest she had in preventing the collection and use of her urine to enforce a prohibition of the consumption of alcohol, marijuana, and non-prescribed drugs. Olsen “engaged in a class of criminal behavior” that involved the abuse of alcohol. Juveniles, 121 Wn.2d at 93. As in Juveniles, a person convicted of a DUI should know that he or she will be prohibited from consuming alcohol, marijuana, or non-prescribed drugs and that the normal method of assuring compliance is through random UAs. See State v. Acevedo, 159 Wn. App. 221, 231-34, 248 P.3d 526 (2010); State v. Vant, 145 Wn. App. 592, 603-04, 186 P.3d 1149 (2008) (both approving random UAs to monitor compliance with community custody conditions imposed under the Sentencing Reform Act of 1981).

¶27 Because of Olsen’s conviction involving the abuse of alcohol, she is not “entitled to hold” a privacy interest in the use of her urine. Surge, 160 Wn.2d at 74. As in Surge, the fact that Olsen was convicted of DUI meant that she had no privacy interest in the use of her urine if limited to monitoring her consumption of alcohol, marijuana, and non-prescribed drugs.

¶28 We hold that Olsen, as a person in legal custody serving her sentence for DUI on probation, did not have a privacy interest in preventing the use of her urine to ensure compliance with a probation condition prohibiting the consumption of alcohol, marijuana, or non-prescribed drugs.