Refusal to take breathalizer?

Question

I was wondering, if I was to be on a friends property for a party, and the cops came on to his property with a warrant, or without and started giving everyone a breathalizer test. Can you refuse? what would happen if i was to refuse? (Also I am underage)

Answer 1

It better you corperate as they have a warrant even if they do not have warrant, they can easily bring you back for suspicious of some crime and then conducted a breathalizer test subsequently which will be even more troublesome and worse.

Answer 2

1. The cops cannot come onto the premises without a warrant absent a visible violation of the law or probable cause of a felony (visible or otherwise authenticated from outside the premises).

2. Giving someone a breathalyzer test is a "seizure" of person in constitutional terms. If done with a warrant, the warrant must specify the person by name.

3. The police may seize a person without a warrant if they are
a. committing a misdemeanor in the presence of the police
b. committing, suspected to have just committed, or suspected to soon commit a felony (using the probable cause metric)

4. Drinking underage is a misdemeanor. This means unless you're doing a keg stand while the police are watching you, you are (theoretically) safe from being breathalyzed.

5. If the cops just start giving a breathalyzer to everyone, then refuse and cite your 4th Amendment rights. They cannot legally seize you unless they see you committing the misdemeanor or they have a warrant with your name on it. If you agreed to the test, then you're SOL. If you disagreed, but it was forced upon you, then get a lawyer and get that piece of evidence discounted in court, since it was gained under duress.

Answer 3

The police were most likely telephoned by a concerned citizen of a loud party disturbing the peace in a neighborhood. when the police arrived they observed the party and heard the noise. Most cities have an ordnance regarding noise levels or distance that noise can be heard. This is the initial misdemeanor that created the probable cause to enter the premises. Once on the premises they made observations of underage consumption of alcohol. Because alcohol is in an of it self illegal by persons under age 21 - The officer had a duty to check identifications of any and everyone on the premises to determine who was of legal age to consume alcohol. It was not a requirement to test anyone under 21 for alcohol consumption. The officer need only show that a person under 21 was in possession of and or was consuming alcohol upon his arrival. A P.B.T or preliminary breath test was simply used as additional probable cause to show a person under 21 had consumed alcohol. You can refuse - however your demeanor, and breath is all he or she need observe to make the charge.

Answer 4

In WA I can arrest you for MIP/MIC (under age drinking) with or without a PBT (portable breath test) instrument. The PBT is completely voluntary. However, I can arrest you on my observations your possession or consumption of alcohol.

I do not need a warrant to come onto private property to conduct my business. If you do not answer the door and I can articulate probable cause to a judge, I will get a telephonic warrant and kick the door.

If you are in the back yard, I don't need a warrant unless the yard is fenced.

In any case, If I am invited in, no warrant is necessary.

If you want things to go easy, answer the door and let us in. If I have to wake up a judge at 2 am, everyone will go to the bucket. If not, most everyone will be cited and released.

Answer 5

first off, stop the warrant talk.
you could be at that house for a number of reasons (loud noise complaint, parking complaint, neightbor calls). we have to go on all calls no matter how lame. therefore you are on the premise to advise them to turn down the music. then you notice someone that looks under 21 drinking alcohol.....now you have probable cause to investigate a little further.
you have a hint of alcohol on your breath you can be arrested or charged under the local ordinance of underage drinking. the Breathalyzer is not need in this situation because most states have a zero tolerance for underage drinkers, meaning your BAC is not needed.
police aren't looking to bust underage drinkers, but sometimes teens who drink and think they know the law are the ones getting into trouble. i suggest that you cooperate. if the Breathalyzer is brought out, you can thank the one friend at the party who was a jag....in other words don't drink if you are under 21, or don't be stupid.....both work..

Answer 6

They cannot enter the property without the owners consent unless they feel as someone's life is in danger. (Someone has been shot, stabbed, killed, etc.) If you dont have a drivers license, dont do it, all they can do is take away a drivers license. Tell them you want them to get a warrant, or better yet, when you see them pull in the front, run out the back! This worked for me every weekend when I was in highschool.

Answer 7

First off don't put yourself in this situation... However If your are not driving a vehicle, You may get away with a refusal, however be aware that if a officer even so much as smells alcohol on you, or have reason to believe that you have been drinking, and are under age, This will give him enough "Probable Cause" to arrest, or issue a minor consumption citation.

Answer 8

einzelga....
For the love of all things DO NOT regard his answer here. WTF? 80% of his post is total crap.

Alcohol coming from you is an automatic hit. A PAS test is not required to arrest or convict you. Minors can have NO alcohol in their system. If they smell it, its there.

AGAIN...If you are only guessing or regurgitating the crap your older brother filled your head with, don't answer. You're propagating complete BS from one morons head and creating another potential moron.

Answer 9

refusal is an automatic show of guilt. Anyone that refuses is automatically taken to the station (and minors are held until a parent comes to get them). you can refuse all you want... the fact is you are still going to get charged.

Answer 10

Policemen cannot just come in a party for breathalizer tests because it is not the proper place for said activity which must be undertaken on roads for drivers.