Because here in Pontiac, MI, cops will do that as people are ENTERING the club. And they WILL give out tickets for it.
2006-06-17 15:23:01 · 11 answers · asked by johnny d 2 in Politics & Government ➔ Law & Ethics
That appears to violate the constitution since it requires a person who has done nothing to provide self-incriminating evidence to the police. It lacks "probable cause," and would therefore be unconstitutional.
2006-06-17 15:30:08 · answer #1 · answered by Left the building 7 · 0⤊ 0⤋
In Michigan, they cannot arrest only because of public intoxication, see MCL 333.6523 generally. However, if your city has a local ordinance consistent with MCL 750.167 (a disorderly charge) - a person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance violates MCL 750.167, they probably can get a breathalyzer test on you, or blood draw if they have reason to suspect you are in some kind of danger from the way you are acting.
What I actually suspect is happening is that they are trying to bust the bar for over-serving people. You have the COMPLETE right to say no to the test. You will not have committed a crime. Now, are they violating the law by asking you to... probably not. They can "ask" you to do just about anything unless (with exceptions for those in custodial/interrogation situations where you've asked for an attorney). I'd make sure you're not driving though, because you are sure to get pulled over.
Now, if you're talking about getting pulled over after having left a bar, randomly, and having a breathalyzer done... that's probably 100% fine. They're probably waiting to see if you appear to stumble on the way to the car, etc. You can always say no even when pulled over (though you WILL lose your license pursuant to statute).
THIS IS not to be considered legal advice. Unless you have consulted at attorney, take nothing you read on a message board as such.
2006-06-17 15:59:38 · answer #2 · answered by michattorney 2 · 0⤊ 0⤋
If you are walking in or out of the club, why would they give a ticket? Now, that being said, I have no issues with them giving a breathalizer the second someone leaves from a club and starts driving a car.
2006-06-17 15:28:04 · answer #3 · answered by Mike B 3 · 0⤊ 0⤋
I think it's great. If they're outside the club, that's public intoxication and they SHOULD be ticketed. If they're leaving a club and getting into a car to drive, they should be taken to jail. Good for the police for being proactive.
2006-06-17 15:27:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think it's fine. if theyre trying to prevent drunk driving and in the process saving lives because those people won't go into a club smashed and get even more smashed, i think it's fine.
2006-06-17 15:27:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
YES it's called public intoxication law
get all the drunks off our streets and roads
2006-06-17 15:27:19 · answer #6 · answered by Pobept 6 · 0⤊ 0⤋
Random testing probably is illegal. However, if the tested everyone that would be legal.
2006-06-17 15:56:00 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It should NOT be legal to do that.
BUT, YOU live there. YOU should ensure that not illegal laws get put on the books.
2006-06-17 16:47:53 · answer #8 · answered by John C 3 · 0⤊ 0⤋
If you are going fishing, do you fish in areas where you see them jumping and swimming or do you go to a large area where you don't see any fish.
2006-06-17 15:30:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
its not illegal...
2006-06-17 15:29:57 · answer #10 · answered by cj b 2 · 0⤊ 0⤋