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[tmcscherer]

What is the name of your state?

I am 19 and was given a breathalizer test (I failed) while in a private residence in AZ. I'm from CA.
I was issued a ticket and now have to appear in a AZ court next month. Is it legal to give a breathalizer test in a private residence in AZ? It's not In CA.

 

[racer72]

Yes it's legal, your not going to get off that easy.

 

[tmcscherer]

You're from Washington State. Are you familiar with AZ laws?

 

[CdwJava]

What is the name of your state?

I am 19 and was given a breathalizer test (I failed) while in a private residence in AZ. I'm from CA.
I was issued a ticket and now have to appear in a AZ court next month. Is it legal to give a breathalizer test in a private residence in AZ? It's not In CA.

What?? What makes you say it is not legal to give a breathalizer test in a private residence in CA? Why would it NOT be legal?

I AM from CA, and unless they passed a new law last week and I missed the legal update, there is no such prohibition.

- Carl

 

[tmcscherer]

I was informed (possibly incorrectly) that it was not legal to give a breathalizer test in a residence. This was not a drinking in public, or, DUI situation. I was visiting friends and we did consume a few beers, but, there were adults in the house, as well, and no one was behaving in a disorderly fashion. I've been to partys (in CA) where the police have shown up and just sent everyone home. No one was issued a ticket, so, It seemed a little strange to get a ticket in a private residence.

 

[CdwJava]

I was informed (possibly incorrectly) that it was not legal to give a breathalizer test in a residence. This was not a drinking in public, or, DUI situation. I was visiting friends and we did consume a few beers, but, there were adults in the house, as well, and no one was behaving in a disorderly fashion. I've been to partys (in CA) where the police have shown up and just sent everyone home. No one was issued a ticket, so, It seemed a little strange to get a ticket in a private residence.

People break the law in residences all the time. The resident has some greater protections from search and seizure inside, but it is not absolute. And there is no law in CA saying that you cannot be asked to take a PAS (portable alcohol sensor) test in a residence. There is no law saying you HAVE to take it (unless it is a condition of probation or parole), but the police can ask people to blow.

- Carl

 

[tmcscherer]

If you refuse to take the test what are the consequences?

 

[CdwJava]

If you refuse to take the test what are the consequences?

It depends on state law. In CA, there are no consequences for refusing a PAS test (unless you are under 21 and there is cauyse to believe you had been driving a vehicle). However, the officer could still arrest you for being a minor in possession, and if he REALLY wanted to, he could compel a blood test for alcohol. It's not likely to happen that way, but the level of proof needed for an MIP is rather minimal. Finding a minor with the odor of alcohol on them at a party with people drinking is likely to be sufficient for a "true finding" (if under 18) or "guilty" (if 18-20).

- Carl