Minors and breathalyzer tests

Tuesday, Jun 10, 2014 by Brian Laviage


Does the police have the right to make a 17 year old take a breathalyzer? They had my son take one and i did not know until we got home.”

The answer is, it depends. If they had probable cause to do so, then yes. If not then no. I would like to have an ALR hearing to determine whether law enforcement did indeed have probable cause to conduct a test. The fact he was 17 has no bearing on that issue, as in Texas your son is considered an adult. Even if he was 16, if the police had good reason to believe he was drinking, there really was no way around it.


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