When can they give you a breathalyzer?

[mizt]

What is the name of your state? Florida

Today, a bunch of my friends had got arrested for MIP. I was not there but the whole thing would of been solved if any of them would of paid attention in American government and not admitted to drinking, some even said they had a sip. All those that admitted, where immediately handcuffed and arrested.

While that all seems a little ridiculous to me, considering none of them were near a car and where on private property (though the owner of the property may of very well gave permission for the police to come on). The cops had threaten the individuals with Breathalyzer but none where never given, in fact the kids who had lied and said they didn't have anything to drink got of the hook.

This brings me my question, legally when can a cop give you a Breathalyzer? Obviously while driving but what about other situations. Your at a private house? Your walking up and down the beach? Your a passenger in a vehicle, where the driver has passed his Breathalyzer? It seems to me that it would require a warrant to give a Breathalyzer to a law abiding citizen under 21 with obvious evidence that would also result in public intoxication.

Thank you for your time. While I hardly drink, it would be nice to inform my friends of there rights. I spent the night pounding home how they did not have to incriminate themselves but I guess thats what you get when you cooperate with the police.

 

[Just Blue]

What is the name of your state? Florida

Today, I bunch of my friends had got arrested for MIP. I was not there but the whole thing would of been solved if any of them would of paid attention in American government and not admitted to drinking, some even said they had a sip. All those that admitted, where immediately handcuffed and arrested.

While that all seems a little ridiculous to me, considering none of them were near a car and where on private property (though the owner of the property may of very well gave permission for the police to come on). The cops had threaten the individuals with Breathalyzer but none where never given, in fact the kids who had lied and said they didn't have anything to drink got of the hook.

This brings me my question, legally when can a cop give you a Breathalyzer? Obviously while driving but what about other situations. Your at a private house? Your walking up and down the beach? Your a passenger in a vehicle, where the driver has passed his Breathalyzer? It seems to me that it would require a warrant to give a Breathalyzer to a law abiding citizen under 21 with obvious evidence that would also result in public intoxication.

Thank you for your time. While I hardly drink, it would be nice to inform my friends of there rights. I spent the night pounding home how they did not have to incriminate themselves but I guess thats what you get when you cooperate with the police.

In this country it is ILLEGAL for someone under 21 to be drinking...So even if you are at a house party and having a couple of Sam's...you will get busted.

If the cop smells alcohol on you that is enough for an arrest.

Don't give anymore legal advice to your friends....

 

[mizt]

I appreciate the quick response. But what if I haven't been drinking? I'd rather not have my fate at chance by a unit the size of my palm.

 

[mizt]

Didn't mean to offend anyone but you guys seem to be disrespecting my question. I suppose I should of left everything about my friends and being underage out to get a respectful answer.

No, it would NOT have been "solved".... lying to the police usually makes things worse, not better. If you think police officers can't tell when you've been drinking, even if you say you haven't, guess again.

Who said lie? I believe the 5th amendment says something like "No person shall be held to answer for a capital or otherwise crime, unless under oath of a Grand Jury". The officers might of had to look up what the 5th amendment was from the sounds of things, but it may of saved a few folks from arrest.

Whether you can legally refuse depends on the circumstances.

Hints my title, "When can they give you a Breathalyzer?". Can you explain the circumstances of when it is legal and when it's not?

You flunked American Government, too, huh?

" The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated"
Seems like a unreasonable seizure of evidence. Then again I'm not an attorney so thats why I asked you guys.

Hopefully my question can be taken a little bit more serious. I have an interest in law and may study it in the near future. Any respectful help is appreciated.

 

[tranquility]

Quote:
This brings me my question, legally when can a cop give you a Breathalyzer?

They can request a breath test any time they reasonably believe an underage person has been drinking. Whether you can legally refuse depends on the circumstances.

If it is a "request" they can always decline without penalty. If it is a demand, unless the person was driving or, in some jurisdictions under orders of a court requiring them to do so on demand, I can't think of the circumstances it would depend upon. Can you weave some facutal scenario where a minor would be required to submit to a breath test or suffer legal sanction?

This is the reason for implied consent laws for drivers.

Quote:
It seems to me that it would require a warrant to give a Breathalyzer to a law abiding citizen under 21 with obvious evidence that would also result in public intoxication.

You flunked American Government, too, huh?

It does appear one of you didn't do too well when they taught civics. As to the legal, MIP does not have as an element alcohol in the system and a breath test is irrelevant. There are some states which have minor in consumption laws and then it may be an element, but one which a person would not be liable for obstruction for refusing a breath test. Whether an officer can then demand an force a blood test--I'd have to do research on, but the usual justification is the seriousness of drinking and driving and the argument would not apply to a minor in consumption. Public intoxication requires a person unable to care for himself or others (due to drugs/alcohol depending on the jurisdiction) and, while alcohol may be an element, it is the level of intoxication which is more relevant. Again, refusal to take a hand-held test would not be a crime or evidence leading to a greater chance of probable cause.

My guess is that mizt did or is doing far better in his government class than Curt581 ever did.

Quote:
While I hardly drink, it would be nice to inform my friends of there rights.

I advise you to be careful doing that. If you tell them something that's wrong, you'll just get them in more trouble. You're not a highschool aged lawyer.

I have to agree here. There are many subtle and difficult concepts related to 4th amendment jurisprudence. I have a practical background, followed by intense study, followed by focused study, followed by reading related case law summaries (sometimes the whole case) every day and the concepts sometimes still slip away from me. The OP would be suprised at how a smill difference in the facts can change everything.

Quote:
I spent the night pounding home how they did not have to incriminate themselves

No, they do not have to incriminate themselves, but sometimes being honest results in a warning and a phone call to Momma instead of a ticket or arrest.

Hmm...and yet we can read again and again how a person's words are used against them in a court of law. We also hear again and again how the police are allowed to lie to suspects to try to get them to talk. We also see, that in this case, this is not true as only the people who talked were arrested as they were the only ones with any evidence against them. We all make choices in life. Confessing to minor crimes to the police in the hope they will respect a person's honesty is not a choice I recommend to anyone. Your mileage may vary.

 

[mizt]

Tranquility, I sincerely appreciate your helpful reply. Not only was this whole ordeal a wake up call, but I will now talk as much as a rock when an officer asks me a question.

 

[Silverplum]

Didn't mean to offend anyone but you guys seem to be disrespecting my question. I suppose I should of left everything about my friends and being underage out to get a respectful answer.

Who said lie? I believe the 5th amendment says something like "No person shall be held to answer for a capital or otherwise crime, unless under oath of a Grand Jury". The officers might of had to look up what the 5th amendment was from the sounds of things, but it may of saved a few folks from arrest.


Hints my title, "When can they give you a Breathalyzer?". Can you explain the circumstances of when it is legal and when it's not?


" The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated"
Seems like a unreasonable seizure of evidence. Then again I'm not an attorney so thats why I asked you guys.

Hopefully my question can be taken a little bit more serious. I have an interest in law and may study it in the near future. Any respectful help is appreciated.

With all due respeck, I mean, respect to you, Don mizt, you might want to learn how to properly express yourself on the printed page as well as verbally. Don't kid yourself for one second that it won't matter in college, in law school, and in real lawyer-life.

 

[tranquility]

Tranquility, I sincerely appreciate your helpful reply. Not only was this whole ordeal a wake up call, but I will now talk as much as a rock when an officer asks me a question.

Even that is not exactly true. Some states have a requirement to identify yourself when an officer has reasonable suspicion. Booking questions, once in booking, must be answered as well.

There is also a problem in that, in some jurisdictions, silence before Miranda attaches, has been used as evidence. This is not everywhere, but there is always risk to whatever your choice.

 

[tranquility]

Curt581 is absolutely correct. I was fooled by basic cop trick 101, precise language that implies things without actually saying them.

They can request a breath test any time they reasonably believe an underage person has been drinking. Whether you can legally refuse depends on the circumstances.

The police are allowed to ask for most anything, and, if the person consents, they can get it. Just as a heads up for Curt581, a cop can "request" a breath test even if he does not "reasonably believe" the person is underage and has been drinking. You should leave that part out in your future police reports in case anyone gets the wrong impression you are trying to justify the search on anything other than consent.

The circumstances where one is not legally able to refuse are the two I mentioned. When driving and when (after a prior conviction) a person is under the order of the court requiring compliance with a request. Neither is remotely similar to the fact scenario in this thread, but I suppose random comments can be useful at times.

Really? Please explain then... under what circumstances are police required to obtain a warrant before requesting a breath test?

There is that word again, "request". Curt581 is absolutely correct, there is no warrant requirement for a request. It is when there is not consent given for the request when things get interesting.

 

[mizt]

So, I'm walking down the beach at night and a cop comes up suspecting that I have been drinking alcohol. Will there be any repercussions for me "Not Consenting" to the Breathalyzer?