Is an officer allowed to test car passengers for alcohol consumption without their consent?

Question

State is California.

Answer 1

I know someone who was tested but refused to sign the ticket and all he got was a fine.
Signing the ticket is an admission of guilt he said and is against your constitutional rights to be found guilty before having a fair trial.
But he was a millionaire and had way more pull than the average person who is stopped for a traffic violation.

OK I just saw that your referring to passengers and not the driver.
I think while they are in the car they have to give their consent but once they step out of the car they are considered on public property and the officer has every right to test them for public intoxication.

I knew someone who was a passenger in Lodi California and had a designated driver pick her up from the bar.
Well they were pulled over almost immediately after leaving the bar and the officer had her step out of the car and then arrested her for public intoxication because her alcohol level was over the legal limit.
He said while she was standing beside the car she was in public and he had every right to arrest her.
My advice is to stop drinking because it always leads to problems and isn't any good for you anyway.

Answer 2

Yes.

But under recent US Supreme Court decisions, passengers in a car are considered detained when a car is stopped, so constitutional protections apply.

Thus, the police must have a reasonable suspicion to conduct a Terry Stop (minimal duration, minor intrusion) and probable cause for anything more intrusive.

Therefore, unless the officer believes that the car passenger would be breaking the law by having consumed alcohol, there would not be probable cause or reasonable suspicion of a crime, and thus the "search" is unlawful without consent.

Answer 3

If they have probable cause to beleive that they are intoxicated, and the cop wants to push on a public intoxication bust, then yeah, he can request that they take the test. They can refuse, and go to jail or be cited. This usually won't happen unless there are further circumstances that would make the officer need to involve them. It is a crime to be intoxicated in public, but you have to be creating a disturbance or be a nuisance etc... to warrant the charge.

Answer 4

I only know about the in the state of Maryland. The police ask if you want to take a field sobriety test. You may refuse and it's your legal right to refuse. However, if you refuse, they arrest you and do it any way. You don't have much of a choice except don't get yourself into a situation where you're drunk as a skunk talking to a cop.

Answer 5

Generally, no. Unless there is probable cause to believe that the passenger was the one driving. For example, you have a crash with a serious injury and there is probable cause to believe that a presumed passenger was in fact the driver. In this situation they can force a blood draw.

Answer 6

No. An Officer can't test the driver without his/her
consent.

Answer 7

No. What's he going to do? Sit on your chest and push up and down to make you breathe into the breathalyzer?

In some states, not taking the test voluntarily is as good as pleading guilty though.

Answer 8

No, but by using a public street you give implied consent.

Answer 9

It depends here. If you refuse it is an admission of guilt. If your a minor an adult can ok it and if your an adult they can just get a search warrent for your blood and get it.

Answer 10

minors? Most likely, adults, i don't think so.. but california has some crazy laws.