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What are the consequences of refusing a breathalyzer at a party?
Question : What are the consequences of refusing a breathalyzer at a party?
My two friends went to a party this weekend, and the cops showed up. People were drinking underage so everyone at the party was brought in to the station and given a court summons. When the cops arrived at the party, everyone except my two friends took a breathalyzer test and failed. My friends knew they would fail so they refuse to take it. Will they be given a harsher or lighter sentence then everyone else? What are the benefits/repercussions of refusing the test?
breathalyzer
Best answer:
Answer by Guru
they were *presumed to have indulged* and given a harsher penalty
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#2 written by Frederick Penderissues 1 year ago
I’m not sure if this applies to you as I don’t know where you are and your exact age, but I know in Pennsylvania if you are a minor (under 18) the police can’t make you submit a breathalyzer without your parents consent. If they make you do it, it can be thrown out in court.
Not sure if this helps, but good luck!
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#3 written by JB 1 year ago
It depends upon the local laws. For example, in the state of Missouri there is the “zero tolerance law”. Under that law if you are under the age of 21, a police officer has reasonable suspicion to believe you have been drinking, he can request you submit to a breath test. If you refuse to take the test, you will lose your drivers license until you are 21 years of age. This applies if you were driving, riding, or walking. The only thing that matters is your age and your refusal to take the test. All states have some type of “zero tolerance” but the specifics vary from state to state.
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#4 written by Ernie 1 year ago
If they refuse to take the test the judge will assume they were drinking and trying to hide it. It is not a good thing bc when you go to court you swear to tell the truth and it is seen as they try to deceive the judge. It is better to take the test. If they are underage, they should ask for a parent to be present. If not get a lawyer. Never speak to police without an attorney present. NEVER NEVER NEVER!
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#5 written by trooper3316 1 year ago
You are under no obligation to take a breath test unless you are driving. When a person who has not been drinking enters a room, it is quite easy to smell intoxicants on an individual person. That will be sufficient evidence. There is no need to have a specific result, because any amount is illegal when you are underage.
The only possible downside is your chance of getting a break from the court is less likely because of your lack of cooperation.
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Just don’t drink when youre a minor