If I was in a pedestrian vehicle accident, under what circumstances would a breath or alcohol test be administered?

Asked on September 19, 2012 under Accident Law, Maryland


Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

I would need to know a lot more information about your incident to fully answer your question.  I am not sure if you are the pedestrian or if you are the driver of the vehicle.  Generally, when police or law enforcement have reason to believe that an individual who has been involved in an incident or accident is impaired in any way, they have the right to administer a field sobriety test, breathalizer or blood alcohol testing.   This is called probable cause and police have fairly wide latitude in administering these tests if they have probable cause to believe a person involved in an accident is impaired in any way. 

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