Can a 19 year old refuse to submit to a breathalyzer at a party, cops say it isn't an option when they have probable cause

Question

Can a 19 year old refuse to submit to a breathalyzer at a party, cops say it isn't an option when they have probable cause

Answer

Yes. See my blog article on the topic: http://minneapoliscriminallawyer.liberty-lawyer.com/2009/09/16/underage-consumption-do-i-have-to-submit-a-breath-sample-to-police-upon-request-in-minnesota/

Answer

Hello. Based on the fact pattern stated, the general answer would be 'yes'.

Tricia Dwyer Esq

Tricia Dwyer Esq & Assoc PLLC

Phone: 612-296-9666

Minnesota Criminal Defense

Answer

You may refuse. However, if there is probable cause to believe you have consumed alcohol you may be charged with underage consumption based on the officer's observations.