Refuse Breathalyzer?

[Izzletodasmizzl]

What is the name of your state? WA

I am of drinking age and had a simple question. If i am in a public place am i required to submit to a breathalyzer? I know that if you are driving and you refuse they can automatically suspend your license but what if i am walking on the street or at a public gathering is there any law that requires me to consent to one?

Thank You

[CdwJava]

Originally Posted by Izzletodasmizzl

I am of drinking age and had a simple question. If i am in a public place am i required to submit to a breathalyzer?

Generally, no. Unless WA has a law that requires you to do so, then you do not. And, as I recall, there was only a couple of states that had such a law and they were in the midwest.

However, if you are drunk in public, they could just arrest you. In most states the alcohol concentration is irrelevant to the offense of public intoxication, so if you were acting like an idiot or staggering, the officer could arrest you even without a sample. And, in WA, Disorderly Conduct does not even require the consumption of alcohol.



- Carl

[tranquility]

Implied consent laws do not apply to the situation you mention, so you do not need to consent. However, the police have a right to gather evidence. Although I haven't heard of it done in such a situation, it is theoretically possible in some jurisdictions to force you to give a breath sample as it is not testimentary evidence. This would be a complex argument but at the end of the day, you would not have a duty to "consent".