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Thread: Is it illegal for a juvenile to refuse a breathalyzer (non-motor vehicle related)

  1. #1
    toobhed is offline Junior Member
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    Is it illegal for a juvenile to refuse a breathalyzer (non-motor vehicle related)

    What is the name of your state (only U.S. law)? Ohio

    *Edit Thanks for the responses, most of them have been insightful. I am still hoping someone out there can answer the question.

    This does not involve public intoxication or a motor vehicle. If the police suspect a juvenile is drinking, inside their place of residence, can they require them to submit to a breathalyzer? Is it against the law to refuse? If the police come to your house, are you breaking the law if you do not answer the door? Can they enter your house without your permission? This is all based off of the assumption that the police have made that their is underage drinking inside the residence. No other crimes are suspected.

    I appreciate any informed answers, thank you.
    Last edited by toobhed; 01-16-2013 at 09:07 AM.
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by toobhed View Post
    What is the name of your state (only U.S. law)? Ohio

    This does not involve public intoxication or a motor vehicle. If the police suspect a juvenile is drinking, inside their place of residence, can they require them to submit to a breathalyzer? Is it against the law to refuse? If the police come to your house, are you breaking the law if you do not answer the door? Can they enter your house without your permission? This is all based off of the assumption that the police have made that their is underage drinking inside the residence. No other crimes are suspected.

    I appreciate any informed answers, thank you.
    The police didn't just show up at your house because they had nothing better to do. If you are underage, drinking is illegal no matter where you do it.
  3. #3
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Antigone* View Post
    The police didn't just show up at your house because they had nothing better to do. If you are underage, drinking is illegal no matter where you do it.
    Not really. Parents can give their child a beer in their home or their control.

    I am sure OG will correct me if this is "wrong" for OH, but I recall another thread like this and OG, in the thread, stated that is was not "illegal".

    I know it is in my state.

    Now if OP is plying non-children (friends of child) ...that is different.
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  4. #4
    Zigner is offline Senior Member
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    Quote Originally Posted by Antigone* View Post
    If you are underage, drinking is illegal no matter where you do it.
    Sorry, that is not true. There are exceptions for medicinal & religious reasons. Also, with parental, spousal or guardian permission, an underaged person CAN drink in certain other situations

    4301.631 Purchase or consumption low-alcohol beverage by persons under eighteen prohibited.
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    .
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    (H) No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of the physician’s practice or given for established religious purposes.
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Antigone* View Post
    The police didn't just show up at your house because they had nothing better to do. If you are underage, drinking is illegal no matter where you do it.
    NOt true in Ohio.

    ETA: See the above responses to your post.
    Antigone* likes this.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    toobhed is offline Junior Member
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    I am not contesting the legality of underage drinking. We were not there and would not condone it under any circumstances. Mom and Dad are away and the kids decided to play. I'm sure the cops got a noise complaint...

    The question is if it is illegal for a juvenile to refuse a breathalyzer because they are suspected of underage drinking at their home. The "home" part is important because while the drinking part is illegal, are the police justified to enter a residence because they have reason to believe there is underage drinking going on inside? I think the kids were within their rights to want to wait until we got there.
  7. #7
    Silverplum is offline Senior Member
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    Quote Originally Posted by toobhed View Post
    I am not contesting the legality of underage drinking. We were not there and would not condone it under any circumstances. Mom and Dad are away and the kids decided to play. I'm sure the cops got a noise complaint...

    The question is if it is illegal for a juvenile to refuse a breathalyzer because they are suspected of underage drinking at their home. The "home" part is important because while the drinking part is illegal, are the police justified to enter a residence because they have reason to believe there is underage drinking going on inside? I think the kids were within their rights to want to wait until we got there.
    So you don't condone the underge drinking under any circumstances, but you want to protect your kid/s from the consequences? Soften the consequences? Make the "illegal" part go away, and you can handle the "not condoning" part in your own manner?

    Just checking.
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  8. #8
    xylene is offline Senior Member
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    So you don't condone the underge drinking under any circumstances, but you want to protect your kid/s from the consequences? Soften the consequences? Make the "illegal" part go away, and you can handle the "not condoning" part in your own manner?

    Just checking.
    No sane parent would place his or her child fate in the hands of the criminal justice system for offenses involving only the use or possession of alcohol.

    It is quite possible to not condone underage drinking yet feel the punishment is inappropriate and to do what is legally right for your child's best interest.

    I have no idea why you would expect a parent to look past the violation of a suspect's rights, most certainly to be secure in their own home.
    Stevef, PQN and toobhed like this.
  9. #9
    toobhed is offline Junior Member
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    The obstruction charges for refusing to take the breathalyzer were dropped.
  10. #10
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by toobhed View Post
    The obstruction charges for refusing to take the breathalyzer were dropped.
    WOW!! I am soooo surprised! Goodness!
  11. #11
    OHRoadwarrior is offline Senior Member
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    In OH they always nail the Amish with the PEN test.

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