Legal Question in Criminal Law in Minnesota

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


Asked on 11/30/13, 10:09 pm

3 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

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/

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Answered on 11/30/13, 10:19 pm
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

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

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Answered on 12/01/13, 8:28 am
Maury Beaulier612.240.8005 Minnesota Lawyers

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.

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Answered on 12/02/13, 6:49 am


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