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asked to take a breathalyzer and i plead the 5th what should i expect? plz help

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diabloballer

Junior Member
What is the name of your state (only U.S. law)? Minnesota

a cop asked me to take a breathalyzer (i was not driving) and i plead the 5th and refused to take it and i have a meeting with the cop and principle of my school on monday. what should i be expecting?
 


You Are Guilty

Senior Member
What is the name of your state (only U.S. law)? Minnesota

a cop asked me to take a breathalyzer (i was not driving) and i plead the 5th and refused to take it and i have a meeting with the cop and principle of my school on monday. what should i be expecting?
How old are you?
 

The Occultist

Senior Member
The 5th amendment grants you the right to not give TESTIMONY which might convict yourself of a crime. A breathalyser is not testimony, so your 5th amendment rights do not cover that. Depending on the circumstances, you might have ended up in jail over it.

YAG asks a good and fair question: how old are you? Also, what are you potentially to be charged with, and what are the circumstances around it? You say you have a meeting with your principal, so perhaps this will be a situation strictly involving the district and will not involve the full arm of the law. Time to tell the full story.
 

diabloballer

Junior Member
i am 17 years old and was attending a football game and my class gets pretty rowdy at the games. once the game was over i was on my way out of the stadium and the schools security guard came to me and told me to come with him. after we exited the stadium i was taking to the cops who are usually outside the stadium during and after the games. the cops tried to get me to take a breathalyzer and i plead the 5th. they threatened to send me to detox for 3 days but all i said was i plea the 5th. my mom ended up picking me up from the game and she said that we have a meeting tomoro with the principle and the cops. the cops didnt not give any statements about being charged or having any court summons. yet. but if they try to charge me with something tomoro cant i simply just plead not guilty since they have no proof?
 

CdwJava

Senior Member
This is a double post - you will find it also in the DUI forum where he explains he was taken outside by an officer, refused the breath test, and then turned over to mommy. While he might be able to legally refuse the test, he might still be able to be charged with a minor consuming alcohol (assuming the state or local government have a statute covering consumption as opposed to possession), and will almost certainly face suspension or expulsion based solely on the officer's observations.

- Carl
 

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