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    Speak Up! - View Question #68


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    Question: Can a cop give you a breathalizer test if you are a passenger, if so what is the penalty for failing?

    Answer:

    If a police officer makes a traffic stop of a vehicle, he or she may generally contact the passengers as well as the driver. If in doing so, he or she notices the passenger appears to have been drinking, and the passenger appears to be under 21 years of age, the officer may investigate that as as an underage consumption of alcohol case. Part of the investigation would be asking the person to show identification to determine if the passenger is under 21. The officer can request an intoxilyzer test be taken if the passenger is in fact under 21.

     

    If the officer cites the passenger for underage consumption of alcohol, and if the person is found guilty, the person could receive anything up to the maximum that is available for a class one misdemeanor. In an adult court setting, that includes jail of up to six months, possible probation for up to 3 years, and / or fines of up to $2500. Most courts set a fine of about $250 for a first offense.

    If the case is handled in juvenile court, possible penalties range from merely a fine to probation or incarceration up to the minor's 18th birthday. On a second offense in juvenile court, the judge must order MVD to suspend the Minor's driver's license until the Minor's 18th birthday. (A.R.S. § 28-3320).


    Comments
    1 thru 5 of 8 comments    [ 1 ]  2    
    On 11/02/05
    none ya from TN said:
    i got arrested for just being passenger and i didnt even give a brethalizer he just gave me field sobriety test. no license for a year 12 hours jail time and some other bull i have to do
    On 08/21/05
    from VT said:
    What about the 18 to 20 year olds who live along the Canadian border and drive across to drink? When they return, the State Police are there targeting everyone, including the passengers. In fact, last night, only the 20 year olds were tested, EVEN THE DRIVER WAS SKIPPED! This can't be right and an investigation both with the police and the legislature should be initiated.
    On 05/25/05
    Boatman from WA said:
     you don't have to take a portable breath test and the only way to be forced into one is if you were drinking and driving and the cops took you to the station and had you blow on the stationary breath test machine..... this is true WA state
    On 04/18/05
    Danielle from TX said:
    If you have been drinking and driving then you should reconsider what you are doing. You are hurting your friends and family if something happens. Not following the law and running away from it doesn't help either. So act like an adult and stand up for your actions and don't let anyone take it for you!!!
    On 01/12/05
    Kerry from CA said:
    If a cop asks you if you have had anything to drink, do not lie to him if you have. Because if you are under 21, you will have to take the test and if it shows that you have been drinking, he can now also charge you with obstruction of justice in addition to being under the influence.
    1 thru 5 of 8 comments    [ 1 ]  2    



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