Does an underage passenger in a vehicle have to submit to a breath test?

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Does an underage passenger in a vehicle have to submit to a breath test?

I was a passenger in a car pulled over by 2 police officers. One of the officers recognized me and forced me to get out of the vehicle and submit to a breath test. The first officer said it was fine and the second one then made a comment to me if I was still dating his friend I could get a way with this. He then arrested 2 gentlemen I knew behind us in another car and took them to the police station. He then made some slanderous comments to me to these gentlemen. I want to know if anything can be done about this?

Asked on June 16, 2012 under Criminal Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, if law enforcement believes that people in a vehicle have been drinking where a possible crime may have occurred, all people in the car can be requested to submit to a breath test for alcohol particularly if those in the vehicle are under the age of 21 years.

With respect to the matter that you are writing about, if you do not like what transpired, you can make a complaint with internal investigations with the police department in the community where the stop occurred.


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