So what should you do if an officer tells you to take a breathalyzer test?
You should treat the officer with respect, but you can clearly tell the officer that you will not consent to take a breathalyzer test. If the officer demands that you take the breathalyzer, clearly and calmly state that you do not consent to a breathalyzer but do not resist the officer. A judge may later determine that the breathalyzer test was unconstitutional because you did not consent, and the judge can throw out any evidence from the breathalyzer test. If you choose to refuse a breathalyzer, remember that the officer may place you under arrest if the officer has probable cause to believe that you have been drinking. If it is clear that you have been drinking or are in possession of alcohol at the time that the officer approaches, it may not be in your best interest to refuse a breathalyzer because you could be placed under arrest and taken to the jail while the officer obtains a search warrant.
Finally, it is important to know that an officer can require anyone to take a breathalyzer test if the person has been driving after drinking alcohol. This applies to both minors and adults. If you are pulled over while driving and the officer has reason to believe you have been drinking, you do not have a right to refuse a breathalyzer test. This is known as “implied consent.” Refusing to submit to a breathalyzer test in this situation could result in suspension of your driver license for a year, in addition to other civil and criminal penalties.
Your Fight Is Our Fight
If you or a loved one has been charged with minor in possession of alcohol, you should call an experienced criminal defense attorney to review your case. The experienced criminal defense team at White Law PLLC will fight to protect your rights. Contact our office for a free legal consultation of your case.
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