Can an 18-year-old be issued an MIC (in Kansas) if not given a breathalyzer?

What is the name of your state? Kansas

Last Friday night, my 18-year-old daughter was at a party as the designated driver. Needless to say, the party was busted. She was issued an MIC. She ASKED the officer for a breathalyzer, but he refused 3 times. What recourse do we have to fight this and how do we go about it? Thanks.

[CdwJava]

What is MIC?

If she was cited for being in "possesion" of alcohol, that is likely appropriate. Being in possession generally requires only constructive control ... i.e. access (the alcohol was readily accessible to her as a minor). One does not have to consume the alcohol to be in possession.

And if she was cited for consuming the alcohlol, the burden of proof will be on the state (the officer) to show she had been drinking. Without a test that makes it tough. But, if he argues that he smelled alcohol on her breath, it might be a little tougher.

Frankly, if it had been one of my boys at the age of 18, I would shake my head and give them a few "it old ya so's" and tell that that is what happens when they attend a party with alcohol when they are under 21.

Since your daughter is an adult HER recourse is to obtain an attorney to fight it.

- Carl