Virginia - Underage Posession of Alcohol. Can you refuse breathalizer?

[Haveaquestion21]

A friend just got nabbed with underage possession in this way: A police officer is at a late-night store frequented by college students where he sees a young man steal a bag of chips. The officer shouts out at him, and the he runs. As he leaves the store, he tosses my friend, who he did not previously know, the stolen chips. Police get both of them, and question them (bizarrely) under the assumption that some sort of a drug deal had gone down. They actually open and search the bag of chips for contraband. Eventually, my friend's role (or lack thereof) in this theft is made clear, and the store decides not to press charges on the other guy.

Both my friend and the chip thief are underage and at this time they had been drinking. The police officers give them both breathalyzers, and they fail. Both are given underage possession citations.

In VA, the legal limit for someone who is underage is .02, so it was pretty clear at the time that my friend would fail the breathalyzer.

My understanding is that the consent from implied consent is a responsibility you take on when you get behind the wheel. In this case, where there are no cars involved, can my friend refuse the breathalyzer without consequence?

 

[FlyingRon]

I suspect that you can refuse the non-driving breath test with no consequence in Virginia. However, the officer will just collect other observations (smell of alcohol, etc...) that would be enough to convict you.

 

[JETX]

In this case, where there are no cars involved, can my friend refuse the breathalyzer without consequence?

Your question is moot.... since your friend DID take (and failed) the breathalyzer.

Besides, you are confusing a 'Minor in Possession' of 'Drunk in Public' (which has nothing to do with driving and does NOT require a breathalyzer to establish evidence) with a DUI (which has specific consequences if you refuse a breathalyzer).