If I am 20 years old and I drink alcohol, can a police officer stop me on the street and ask for a breathalyzer?
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If I am 20 years old and I drink alcohol, can a police officer stop me on the street and ask for a breathalyzer?
Asked on September 30, 2012 under Criminal Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is probable cause, or some good reason, to believe that you are violating the law (in this case, underage drinking), then yes, the officer most likely can do this. If there is no probably cause, then it may be an illegal stop and you might be able to have any evidence thrown out. Much will depend on your demeanor at the time--did you look intoxicated, for example?
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