Legal Question in Criminal Law in Arizona

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

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

1 Answer from Attorneys

Brian Strickman Strickman Law Office, PLLC

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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Answered on 6/28/13, 5:57 pm

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