search without warrant question

[screaming]

What is the name of your state? Washington

im 19 and i was wandering if it is legal for me to refuse a breathelizer test and tell a cop i do not consent to a search without a warrant, i dont mean if im driving.. if im a passenger in a car thats driving away from a party that cops just busted and we get pulled over, the driver is sober and the cop wants to test everyone in the car, can i as a passenger refuse the blood alcohol level test?

[garrula lingua]

Of course you can refuse a test.
However, those results aren't necessary to convict you

To a jury panel, a good Prosecutor will make your refusal seem like a 'consciousness of guilt'.

[racer72]

By Washington law, refusal of a breathylizer carries an automatic one year suspension of driving priveliges (even if your not driving) and 24 hours in jail. Only the driver of the vehicle can give or deny consent to a search of a vehicle, that person is consider in possession of the vehicle, even if the vehicle owner is in the car. Also, a breath or blood test is not required to cite an individual under 21 for possession or consumption of alcohol.

[screaming]

Originally Posted by racer72

By Washington law, refusal of a breathylizer carries an automatic one year suspension of driving priveliges (even if your not driving) and 24 hours in jail. Only the driver of the vehicle can give or deny consent to a search of a vehicle, that person is consider in possession of the vehicle, even if the vehicle owner is in the car. Also, a breath or blood test is not required to cite an individual under 21 for possession or consumption of alcohol.

so what i got from that is if the driver is sober (and cant be arrested) he has the right to not consent to a search of the vehicle, which includes searching me and my lungs for alcohol. is that correct?

[CdwJava]

Originally Posted by screaming

so what i got from that is if the driver is sober (and cant be arrested) he has the right to not consent to a search of the vehicle, which includes searching me and my lungs for alcohol. is that correct?

Not quite.

The driver can refuse to consent to a search of the vehicle, but that has nothing to do with you.

if you are under age or on probation, the officer has a right to ask for a breath test. And, depending on WA state law, you might not have the right to refuse such a test.


- Carl