QUESTION
What will happen to a sober driver but drunk passenger and refuses to take a breathalyzer?
Asked on Jan 07th, 2013 on DUI/DWI - Michigan
More details to this question:
There is a sober driver and a drunk passenger. The cop pulls the car over for suspicious activity and both the driver and passenger give their ID. There is no alcohol in the car but the cop claims the passenger looks drunk so he orders the passenger to take a breathalyzer which the passenger refuses. The driver also takes the breathalyzer and blows nothing (.000). Is this legal for the passenger to refuse the test?
6 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Anyone can refuse. And, because the driver is not being arrested, then the passenger is probably safe. (If the driver is arrested, then the passenger will be arrested for public intoxication because the car will be towed and the driver will be on foot - unless the cop or wrecker driver give him a ride or he can get a ride there before the cop leaves. But, refusing the test is not likely to get the cop to do anything positive for the passenger.)
Answered on Jan 10th, 2013 at 1:25 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Not only does the passenger have the right to refuse the breath test, but so does the driver. There is no law that you have to take the breath test. There are consequences for refusal, which you can read on my web site if you are interested, but there are far worse consequences for failing the breath test IF YOU ARE DRIVING. From the limited amount of information that you provided, the cop had no right to ask your passenger to take the breath test.
Answered on Jan 10th, 2013 at 1:24 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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First, a passenger of a vehicle should not be charged with DUI as that person was not driving. Was the passenger on some kind of probation that prohibited drinking entirely? Aside from some kind of disorderly conduct or resisting arrest type charge, generally speaking, there should be no issues with a passenger having some drinks in him absent some egregious circumstance. Was the passenger cited or arrested? If so, they should speak with an attorney. Unless there is more to the story (which often times there is) this sounds like a bogus arrest to me (if there was one).
Answered on Jan 10th, 2013 at 1:24 PM
Yes. The passenger is not required to take any test.
Answered on Jan 10th, 2013 at 1:12 PM
Michael J. Breczinski
Yes there is no reason for that person to have to take the test since it is not against the law to simply be a drunk passenger.
Answered on Jan 10th, 2013 at 1:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If all parties are adults, the passenger generally has no obligation to take the test.
Answered on Jan 10th, 2013 at 1:11 PM