Can my son recieve an underage as a pasenger if the driver blew a 0.

Asked about 5 years ago - Lock Haven, PA

My son asked his friend who had nothing to drink to drive his car. He was pulled over for a headlight that was out. The officer first gave the driver a breathalyzer, he blew a 0 and my son then blew after him and was over. Is the officer allowed to test a pasenger in the car after he tests the driver and blows a 0? It was my sons car and he did tell the officer he had a few drinks.

Attorney answers (1)

  1. Nathan L Webb


    Contributor Level 9

    Answered . Your son may face a possible Minor in Possession charge, however, in Washington the officer really has no right to question the passenger in a vehicle, especially if he wasn't suspected of any criminal activity. The officer also needed reasonable suspicion to stop and investigate the driver. It would be wise to consult with counsel regarding your son's situation.

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