probable cause to breathalyze help

Michigan-18 year old

I was sitting in the rear passenger seat of a car under the influence of alcohol, also in the car, was someoen in the passenger seat, and the seat next to me in the back, both under the influence. The driver was 100% sober, and we were driving 35mph in a 35 mph zone. We were pulled over and the cop walked up to the car and just said, it reeks, someone has been drinking alcohol.(it was st. patricks day by the way) He got ID from everyone in the car, walked back to his car, and came back and asked the driver to step out and take a breathalyzer. He did so and passed. Following that, the cop walked up to the passenger door, and got her out of the car and gave her a breathalyzer, which she failed. Then the other passenger in the back and I were taken out and given a breathalyzer. We both failed and were brought to the police station in separate cars(me alone in one cop car as a guy, and the 2 girls in another car). From there they called our parents to come pick us up in which they handed our tickets to our parents and let us leave.

I am allready on probation for a previous MIP from a party that was busted. Im trying to see if i can get this dropped or at least reduced because i want to keep my criminal record clean. I didn't know they were allowed to breathalyze everyone in the car if the driver was sober. If anyone can help give me legal advice, it would all be much appreciated.

Weophyte said:

I am allready on probation for a previous MIP from a party that was busted.

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Hmmmm... sounds like that 'break' the court gave you didn't work, huh??

Im trying to see if i can get this dropped or at least reduced because i want to keep my criminal record clean.

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ROTFLMAO!!
You already have a criminal record. Your own stupidity in ignoring the law (and the break the court gave you on your FIRST getting caught... after all, we all know that wasn't the FIRST time you had been drinking... only the first time you were caught)... will hopefully get you some good jail time.

I didn't know they were allowed to breathalyze everyone in the car if the driver was sober.

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Okay, so now you know.

i want to keep my criminal record clean.

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Quit drinking then. At 18 your already on that slippery slope to being a lifelong alcoholic.

" From there they called our parents to come pick us up in which they handed our tickets to our parents and let us leave."

If they called your parents and handed them your tickets, you obviously were not booked. Are you a minor? If so, they can do what they want. And I know that the smell of pot is enough cause to search a vehicle, so I assume the smell of alcohol is enough probable cause to check your sobriety.