A sober driver was driving me and my friends- we were all drunk. He got pulled over because he was swerving- the cop thought he was drunk.
He came and asked us if we were drinking, and we all said no. He said he could smell booze in the car (which was complete bs, it had been hours since we were drinking). He took out the driver and breathalyzed him twice, and each time he blew a zero. The cop came back and told us that if we were lying to him about drinking, we could get sent to jail, so we told him the truth, and he breathalyzed us, and we got minors.
Is this legal? Could we go to jail for lying to a cop and is he allowed to breathalyze US, even though our driver was sober?
2007-10-21 15:19:22 · 7 answers · asked by mang0kiwi 2 in Politics & Government ➔ Law Enforcement & Police
Legal. Lying (causing a longer investigation) to police is called obstructing. It can be jailable. When an officer comes from a "sterile" (meaning no alcohol (i hope)) enviroment from his car to a car with people who had been drinking the smell of intoxicating beverages is still overwhelming, hence the breathalyzer.
2007-10-21 15:34:42 · answer #1 · answered by county43 3 · 1⤊ 1⤋
If you were over 21 and drinking then it is legal to be a passenger (just don't have an open container in the car).
If you were under 21 and drinking then it is not legal - the crime is not riding in a car while drunk - the crime is consuming the alcohol in the first place.
You may be naive when it comes to alcohol but at least you had the good sense to use a DD.
Tip # 1: just because you had not drunk the alcohol just before getting in the car does not mean the cop could not smell it - ummmmmm...the alcohol would not be on your breath, or your clothing, hair and your eyes would not have that drunk glazed look .....Oh yeah...and brushing your teeth and using mouthwash right after drinking gets rid of the alcohol smell too! Ohh I know - try chewing tic tacks after you drink illegally - that will cover the smell too!
Tip # 2: the above tip is called sarcasm.
2007-10-21 15:48:32 · answer #2 · answered by Boots 7 · 1⤊ 0⤋
The inebriated minor won't be able to refuse the breathalyzer examination or a container sobriety examination. In 1993 President Clinton enacted the 0-Tolerance software, so a minor won't be able to have any alcohol below the age of 21. He heavily isn't charged with a DUI, yet he would be charged with being intoxicated on a similar time as below age.
2016-10-04 08:01:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
depending on your age if minors you can be in small trouble if adults he was just scaring you probably bored or had a bad day . passengers are not subject to criminal charges. designated driver is sober and not under any influence of alcahol or drugs then worst he/she can expect is a ticket for unacceptable driving (swerving) for no apparent reason such as evasive manouvres
sometimes the best way to get passengers and especially driver to act responsibly is a little frightener
2007-10-21 15:28:21 · answer #4 · answered by bob 6 · 1⤊ 0⤋
Was anyone under 21? If not, and the driver was sober, well, duh, he's a designated driver so that was very responsible. If any of the drunk people were under 21, then sure you can get in trouble. Just lying to him and of age, no you shouldn't go to jail.
2007-10-21 15:22:36 · answer #5 · answered by GoodWifey2 2 · 1⤊ 1⤋
Because he detected the odor of an alcoholic beverage, he had probable cause to administer the test.
2007-10-21 15:25:50 · answer #6 · answered by CGIV76 7 · 4⤊ 3⤋
yes this is legal he has all the rights to do what he is trained to do.
2007-10-21 15:24:01 · answer #7 · answered by david s 4 · 0⤊ 2⤋