QUESTION
Can a cop force a breathalyzer on the passengers of a car, even if the driver blew a zero?
Asked on Oct 31st, 2013 on DUI/DWI - Michigan
More details to this question:
Recently, I was driving a few intoxicated friends home. Keep in mind we're all underage. This was on the way home from a party, and in a private residence, so there was checkpoints leaving. We get pulled over, I admit we came from the party, so the cop asks me to take a breathalyzer test, which I submit to, as I know it's required being a licensed driver. I blow zeros. My friends, whom you could probably tell were intoxicated, were asked by the cop to take a breathalyzer. I told them all to say no, as I understand they don't have to. The cop then told me they had to, or he would have to question them, and they'd get a citation either way. I tried to argue this, as they were my passengers and I blew a zero, but he was aggressive. He then searched the car, which can be done since it was in a private residence. They found no alcohol. He then breathalyzed my friends, all of whom blew over the limit for underage (.02, here). Since I blew zeros and my friends were passengers, can the cop do this? If so, why/how? I was not supplying alcohol or contributing to the behavior in any way. Follow up question: how do the laws of tests to check for intoxication differ from on the street as opposed to in a car?
4 ANSWERS
If a law enforcement officer as probable cause to believe that a crime is being committed he may investigate. In this case, the law enforcement officer had probable cause to believe that the under age passengers in the car were intoxicated. Based upon that probable cause the law enforcement officer is within the law to require a Breathalyzer test.
Answered on Nov 05th, 2013 at 5:41 PM
Michael J. Breczinski
Did they have probable cause to set up a checkpoint?? They did not have the right to search the vehicle. And the forcing them to take a breathalyzer is very questionable.
Answered on Nov 05th, 2013 at 5:41 PM
Social Security Disability Attorney serving Melbourne, FL
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Under this Federal Justice Department the police can do whatever they want. Legally no one can be forced to take a BAT unless they are disabled and the condition may be life threatening.
Answered on Nov 05th, 2013 at 5:41 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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As a driver you do not have to take the roadside breathalyzer. Failure to do so is a no point civil infraction. What you re thinking of is the breath test at the police station which a driver must take as part of implied consent. The passengers should refuse as well as it only incriminate themselves.
Answered on Nov 01st, 2013 at 11:47 PM