When does a police officer have the right to give you a breathalyzer test?

[FDF12389]

When does a police officer have the right to give you a breathalyzer test? (State of WI)

I'm 20, almost 21, have a college degree, was not acting irresponsible in anyway shape or form. I was passenger in the back of a vehicle that was stopped by a sheriff's deputy, he asks for ids of everyone in the vehicle and then asked me to step out(I was the only one under 21), and asked me to blow in the test, I was hesitant but he said I was underage and didn't have a choice, it showed alcohol and he gave me a underage ticket.

Do I have any options for fighting this?

It doesn't make sense to me, the description on the citation reads: "Adult knowingly possessing/consuming alcohol as a minor" Isn't that contradictory?

Answered:

Originally posted by: Lonyo

If a law enforcement officer can detect the smell of alcohol on a person's breath, that person may be asked to take a breath test, even if he or she was not driving at the time. Refusal to take a breath test by a non-driving underage person does not mean an automatic loss of license as would be the case for a driving underage person. But a law enforcement officer may issue an underage consumption citation based upon visual and olfactory evidence alone. If a person hasn't been drinking, the breath test will verify this fact. .

http://www.uwstout.edu/aod/law...sin_laws/age_laws.html

The officer had no right to threaten me after I refused the test.

 

[Baked]

Incoming flame.

 

[Twista]

Because your a http://forums.anandtech.com/i/...ns/africanamerican.gif




































with a free ipod

 

[GodlessAstronomer]

lulz drinking age @ 21.

 

[gorcorps]

Whenever he damned well pleases? If you refuse, they can get you for non cooperation. It's not fair but that's the way it goes.

BTW: why do you think you can fight this when you obviously did something wrong?

 

[FDF12389]

Originally posted by: Twista
Because your a http://forums.anandtech.com/i/...ns/africanamerican.gif

Snip

with a free ipod

Are you on something?

 

[theblackbox]

i had a similar thing happen to me.
I was in a tower shooting at people in a nearby park, not acting irresponsible or anything, and the police came and shot at me.
I was like WTF but got arrested anyway.
Can i fight this?

 

[Elstupido]

They must have probable cause such as alcohol on breath, erratic eye movement, erratic driving. As far as I know in any state, they just can't pull you over and ask for a test, unless they have a damned good reason.

Talk to a lawyer.

 

[FDF12389]

Originally posted by: gorcorps
Whenever he damned well pleases? If you refuse, they can get you for non cooperation. It's not fair but that's the way it goes.

BTW: why do you think you can fight this when you obviously did something wrong?

I may have done something against the law, but it wasn't wrong. I'm not asking whether you're a shit for brains American in favor of retarded laws, I'm asking for legal advice.

Kthnx

 

[SmoochyTX]

Originally posted by: FDF12389
When does a police officer have the right to give you a breathalyzer test? (State of WI)

I'm 20, almost 21, have a college degree, was not acting irresponsible in anyway shape or form. I was passenger in the back of a vehicle that was stopped by a sheriff's deputy, he asks for ids of everyone in the vehicle and then asked me to step out(I was the only one under 21), and asked me to blow in the test, I was hesitant but he said I was underage and didn't have a choice, it showed alcohol and he gave me a underage ticket.

Do I have any options for fighting this?

It doesn't make sense to me, the description on the citation reads: "Adult knowingly possessing/consuming alcohol as a minor" Isn't that contradictory?

Are you saying that you didn't know you were consuming alcohol prior to that?

Oh, and almost 21 is kinda like saying you're almost pregnant.

 

[TridenT]

Originally posted by: theblackbox
i had a similar thing happen to me.
I was in a tower shooting at people in a nearby park, not acting irresponsible or anything, and the police came and shot at me.
I was like WTF but got arrested anyway.
Can i fight this?

Motion to ban!

Shooting people with what? Camera? BB gun? 22? Barret? Squirt gun?

So stupidly vague.

 

[Lonyo]

If a law enforcement officer can detect the smell of alcohol on a person's breath, that person may be asked to take a breath test, even if he or she was not driving at the time. Refusal to take a breath test by a non-driving underage person does not mean an automatic loss of license as would be the case for a driving underage person. But a law enforcement officer may issue an underage consumption citation based upon visual and olfactory evidence alone. If a person hasn't been drinking, the breath test will verify this fact. .

http://www.uwstout.edu/aod/law...sin_laws/age_laws.html


HOWEVER, it says

Possess or consume intoxicating liquor (including wine), except when accompanied by parent, guardian, or spouse who has attained legal drinking age;

If you didn't have any in your possession at the time, but had consumed it earlier, surely you could argue that when you consumed it you were with a parent/guardian, and were now with other people, but had not consumed while with them?

 

[rudeguy]

Originally posted by: FDF12389
When does a police officer have the right to give you a breathalyzer test? (State of WI)

I'm 20, almost 21, have a college degree, was not acting irresponsible in anyway shape or form. I was passenger in the back of a vehicle that was stopped by a sheriff's deputy, he asks for ids of everyone in the vehicle and then asked me to step out(I was the only one under 21), and asked me to blow in the test, I was hesitant but he said I was underage and didn't have a choice, it showed alcohol and he gave me a underage ticket.

Do I have any options for fighting this?

It doesn't make sense to me, the description on the citation reads: "Adult knowingly possessing/consuming alcohol as a minor" Isn't that contradictory?

Chances are he smelled alcohol coming from the car. Since you were the only minor, you were the one that he wanted to check out. Perfectly legal IMHO.

What does having a college degree have to do with this?

 

[FDF12389]

Originally posted by: SmoochyTX

Originally posted by: FDF12389
When does a police officer have the right to give you a breathalyzer test? (State of WI)

I'm 20, almost 21, have a college degree, was not acting irresponsible in anyway shape or form. I was passenger in the back of a vehicle that was stopped by a sheriff's deputy, he asks for ids of everyone in the vehicle and then asked me to step out(I was the only one under 21), and asked me to blow in the test, I was hesitant but he said I was underage and didn't have a choice, it showed alcohol and he gave me a underage ticket.

Do I have any options for fighting this?

It doesn't make sense to me, the description on the citation reads: "Adult knowingly possessing/consuming alcohol as a minor" Isn't that contradictory?

Are you saying that you didn't know you were consuming alcohol prior to that?

Oh, and almost 21 is kinda like saying you're almost pregnant.

No, I'm asking how I can be and adult and a minor at the same time.

 

[Fayd]

Originally posted by: gorcorps
Whenever he damned well pleases? If you refuse, they can get you for non cooperation. It's not fair but that's the way it goes.

BTW: why do you think you can fight this when you obviously did something wrong?

no, that's bullshit. he has no right to give you a breathalyzer test. since you're not driving, you have no reason to comply.

 

[Eeezee]

Since you're under 21, they can breathalyze you whenever they want if there is any reasonable suspicion that you've been drinking. You were drinking, so it's likely your breath smelled like alcohol, or perhaps you were acting less sober than you suspected (the fact that you had alcohol in your system doesn't help convince anyone).

Hey, at least you weren't the driver of the vehicle. An underage drinking ticket is a slap on the wrist. In most states if you turn down the breathalyzer test as the driver they can immediately arrest you.

 

[Kalmah]

Lucky you didn't kill anyone.

If a family member/friend gets killed by a drunk driver I'm coming after you K?

 

[TheVrolok]

Why was the vehicle stopped? I'm not sure about WI laws, but you should just speak with a lawyer.

 

[TheVrolok]

Originally posted by: Kalmah
Lucky you didn't kill anyone.

If a family member/friend gets killed by a drunk driver I'm coming after you K?

Did you even read the post? He was sitting in the back. He wasn't driving under the influence. Idiot, wow.

 

[TastesLikeChicken]

Did he check your ID and knew you were underage? Did he smell alcohol on your breath? If he had probable cause, like knowing you were under the legal drinking age and smelled alcohol then, basically, you're fucked. A decent lawyer may be able to get you off on a technicality like some kind of procedural error, but that'll cost yah.

 

[Farang]

oh no someone was drinking under the arbitrary age we set to allow them to drink, even though every other country on earth has a higher age! OH MY GOD!!

anyway even if the law was on your side you failed by agreeing. In cases where the cop doesn't have that right, you give him the right by agreeing to it. So lesson here is know your rights.

 

[Eeezee]

Originally posted by: Fayd

Originally posted by: gorcorps
Whenever he damned well pleases? If you refuse, they can get you for non cooperation. It's not fair but that's the way it goes.

BTW: why do you think you can fight this when you obviously did something wrong?

no, that's bullshit. he has no right to give you a breathalyzer test. since you're not driving, you have no reason to comply.

I'd agree if he were at least 21, but that's not the case. He wasn't trying to give the OP a DUI, he was checking for an underage drinking violation (ie that's part of his job)

 

[theblackbox]

Originally posted by: FDF12389

Originally posted by: gorcorps
Whenever he damned well pleases? If you refuse, they can get you for non cooperation. It's not fair but that's the way it goes.

BTW: why do you think you can fight this when you obviously did something wrong?

I may have done something against the law, but it wasn't wrong. I'm not asking whether you're a shit for brains American in favor of retarded laws, I'm asking for legal advice.

Kthnx

nice. you broke the law. now pay up. it was wrong, and you got caught.

 

[Eeezee]

Originally posted by: Kalmah
Lucky you didn't kill anyone.

If a family member/friend gets killed by a drunk driver I'm coming after you K?

Read the post before you post stupid things like that

 

[FDF12389]

Originally posted by: Kalmah
Lucky you didn't kill anyone.

If a family member/friend gets killed by a drunk driver I'm coming after you K?

Yes, because acura tls have driving consoles in the back seat and driving with a 0.02 is incredibly risky.