State v. Campbell

Defendant, who was convicted for driving under the influence of intoxicants (DUII), asserts that the sentencing court exceeded its authority in imposing a condition of probation that requires defendant to submit, under certain circumstances, to breath, blood, or field sobriety tests upon the request of any peace officer. We remand for entry of a modified judgment.1

The disputed probation condition provides:

“(17) Defendant shall submit to tests of breath or blood or field sobriety tests at request of any peace or probation officer who reasonably suspects that defendant has been driving under…