Legal Question in DUI Law in Maryland

Breathalizer for Passenger

I was given a ride home by a friend from a party at which i had been drinking, we pull on campus and are pulled over by a campus policeman for the cars tag lights being out. The cop says he smells alcohol the driver had not been drinkin and the third passenger had not either, i told him i had a little earlier that night. Does the officer have the authority to make me and the third passenger take the breathalizer test even though we were just passengers and not driving?


Asked on 12/06/05, 10:43 am

2 Answers from Attorneys

Re: Breathalizer for Passenger

The officer has a right to test passengers in a vehicle for alcohol if the passengers are under 21.

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Answered on 12/07/05, 7:03 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Breathalizer for Passenger

If you are under the age of majority, or such is suspected, and you are within proper jurisdiction of the officer then a breathalizer test may be requested.

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Answered on 12/07/05, 8:17 pm


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