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Sober driver but drunk passenger get pulled over can the passenger refuse the breathalyzer?
If a sober driver is driving a drunk minor home and they get pulled over can the passenger refuse the Breathalyzer? The sober driver is below the age of 21.
Why is it okay for the passenger to refuse it?
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#2 written by dwandw 1 year ago
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#3 written by Michael 1 year ago
The passenger, even though a minor, can refuse the breath test. However, he can still be cited for “Minor In Possession of Alcohol”. There is no “Legal Limit” for a minor, so even the smell of alcohol on his breath is cause for the MIP ticket to be issued. The breath test is the minor’s only way to prove he has consumed no booze. Since he refused, he is toast.
It is okay for the passenger, be he a minor or an adult, to refuse any test. That is his constitutional right. Unless the police produce a search warrant for the breath test, blood test, urine test, etc., anyone can refuse to submit.
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#5 written by keymaker1 1 year ago
The purpose of the of Breathalyzer is just to ensure your not driving over the legal alcohol limit, nothing more, if your not driving there’s no need for it. It’s ok for the passenger to refuse it cause there’s no purpose of taking it if he’s just sitting there. Drinking alcohol is not illegal but driving while drunk is.
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#8 written by Denee 1 year ago
Ive actually been told by multiple cops that you should never ever breathe. Because then they can only hold you over night for small charges where as if you breathe your in deep trouble.
And if the driver is sober it doesnt matter if your a minor or not. The cop shouldnt even ask the passenger to breathe because theres no point.
The only way they can get into trouble in that situation is if the cop can prove the driver was at the party with the alcohol or if there is an open container in the car.
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Refuse is subjective. If you don’t cooperate, the police aren’t going to force the thing in your mouth. If the minor was drunk, they will be charged whether or not they blow. You don’t get arrested for refusing. You get arrested for being drunk.