Can a minor refuse a breathalyzer test without consequences if they are not driving?

UPDATED: Feb 12, 2012

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Can a minor refuse a breathalyzer test without consequences if they are not driving?

Also, if a police officer stops a minor and they refuse a breathalyzer test, can the cop cite the minor for drinking based of evidence the cop observes? No driving involved.

Asked on February 12, 2012 under Criminal Law, Maryland


Russ Pietryga / Pietryga Law Office

Answered 10 years ago | Contributor

Well you certainly cannot be found guilty of driving under the influence.  However, you could be charge with a minor in possession.  In Utah, you have no obligation to take a breathalyzer unless you are driving.  That said, the prosecutor could try to make a case against you strictly on physical characteristics and admission.

What I mean is that the officer could testify to the folloing:

smelled odor of alcohol;

blood-shot eyes;

slurred speech;

poor balance; and

dialated pupils.

None of these indicators are a slam dunk for the prosecutor.  However, if you our a friend admitted to drinking, that is another story.  Your admission to drinking could be used against you. 

Hope this helps.

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