Does an underage passenger to a car being pulled over have to submit to a alcohol test?

Asked on May 19, 2012 under Criminal Law, Illinois

Answers:

V. Iyer / Iyer Law Office, LLC

Answered 8 years ago | Contributor

There are two distinct alcohol tests. One is the handheld portable breath test. This test is voluntary for both the driver and the passengers. Voluntary means you do not have to or are not required to submit to the PBT (portable breath test), If you refuse to take this PBT nothing can happen to you for refusing to take the test.

The other alcohol test is the the "chemical test" when Express Consent comes into play, Express Consent comes into play only when you are the driver of a vehicle and the police officer has probable cause to believe that the driver of the vehicle is driving while ability is impaired or driving while intoxicated. Express Consent does not apply to anyone else in a vehicle except the driver. When express consent comes into play then the driver has three choices. He or she can elect to take the Breath Chemical Test or the Blood test or refuse. If the driver refuses then his or her driver's license can be revoked for at least 1 year without the ability to get red or restricted license. I always recommend to take the blood test.

 

I hope the information is helpful. All the Best.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.