Can a minor refuse a breathalyzer test without consequences if they are not driving?
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Can a minor refuse a breathalyzer test without consequences if they are not driving?
Also, if a police officer stops a minor and they refuse a breathalyzer test, can the cop cite the minor for drinking based of evidence the cop observes? No driving involved.
Asked on February 12, 2012 under Criminal Law, Maryland
Answers:
Russ Pietryga / Pietryga Law Office
Answered 12 years ago | Contributor
Well you certainly cannot be found guilty of driving under the influence. However, you could be charge with a minor in possession. In Utah, you have no obligation to take a breathalyzer unless you are driving. That said, the prosecutor could try to make a case against you strictly on physical characteristics and admission.
What I mean is that the officer could testify to the folloing:
smelled odor of alcohol;
blood-shot eyes;
slurred speech;
poor balance; and
dialated pupils.
None of these indicators are a slam dunk for the prosecutor. However, if you our a friend admitted to drinking, that is another story. Your admission to drinking could be used against you.
Hope this helps.
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