breathalyzer for purposes other than DUI

[fairisfair]

What is the name of your state? Arizona

Can a breathalyzer be used for purposes other than DUI? For example could a minor be requested to test to prove underage drinking? (well, obviously they could be asked but....) and if so, what would the ramifications be if the test was refused? ( based on the premise that there was no driving or vehicle involved)

[BelizeBreeze]

Originally Posted by fairisfair

What is the name of your state? Arizona

Can a breathalyzer be used for purposes other than DUI? For example could a minor be requested to test to prove underage drinking? (well, obviously they could be asked but....) and if so, what would the ramifications be if the test was refused? ( based on the premise that there was no driving or vehicle involved)

a breathalyzer result is not necessary to find a minor guilty of underage drinking.

All that is required is the presence of alcohol on the minor's breath or other such evidence of alcohol consumption.

[fairisfair]

other answers please, regarding the ramifications, if refused and no driving was involved.

[tranquility]

The laws requiring the test for alcohol are "implied consent" when you got your license and are driving. The statutory penalties are not applicable if you are not driving.

However, the police have the right to investigate a crime if they have reasonable suspicion. Could not submitting to a test be considered a crime of hindering the investigation? The right against self-incrimnation regards statements and not evidence like alcohol in the blood, so there would not be a protection there. I do think the police can ask you to blow, but you would need to consent at first. If you did not consent, they could get a search warrant to get your breath or blood. They wouldn't in a minor drinking alcohol sense, but they could. Then they could take your breath or blood in any manner that would not shock the concience.

[CdwJava]

I'm not familiar with AZ law regarding minors and consumption or possession of alcohol, but if they are found guilty (or adjudicated with a true finding if under 18) then AZ law may permit the state to suspend or restrict a driver's license for an alcohol violation even unrelated to driving.

Check with your local DMV.

- Carl

[fairisfair]

thank you to all for your thoughts and opinions.