Arizona  |  Criminal Law

Legal Question

Asked on: 6/28/13, 5:12 pm

Is stumbling while walking on the side walk reasonable cause for a police officer to pull over and breathalyze you?

1 Answer

Answered on: 6/28/13, 5:57 pm by Brian Strickman

It could be considered reasonable cause to request a breathalyzer. Generally, the issue here becomes whether the person consents to the breathalyzer. If they don't say no then it is likely that the individual who receives the test will have been deemed to consent. If there is a refusal then there is the potential for Fourth Amendment issues. Keep in mind that in Arizona requesting that a criminal defendant submit to a breathalyzer test does not implicate the rights against self-incrimination.

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