Can police give a breathalyzer test to a minor without the parents or lawyer being present under OR juvenile laws

Asked over 5 years ago - Dayton, OR

After being harrased into bringing alcohol to school for a friend our daughter got caught. She admitted to taking a sip, and she blew a 0.00 they repeated the test again it was still 0.00. A police officer adminitered the test in the presence of the Principal. The Officer also gave her maranda rights. Can the Officer do this without the parants being present?

Attorney answers (3)

  1. Peter J Carini

    Contributor Level 11

    Answered . Yes, the officer can ask your daughter to take a breath alcohol test. The officer can do so without you being present. In Oregon the offense of being a minor and having consumed alcoholic beverage is known as "Minor in Possession" of alcohol. It is a violation. It carries with it potential fines and driver license suspensions. The officer did not have to give your daughter Miranda warnings. He did so to avoid any hint of coercion. I do not see anything legally wrong with the officer's actions. However, I do understand why you would be upset.

  2. William N Howell

    Contributor Level 10

    Answered . in oregon the answer is...yes. in oregon, a police officer controls his/her investigation. if it involves a minor, that fact does not change. many law enforcement officers will consider involving parents as parents frequently want their child to cooperate with and respect police. parents can often assist reluctant kids to cooperate with police. but those decisions are made in the field by police in oregon. this is not true in all jurisdictions. and remeber, when it comes to investigating crimes involving kids, parents/guardians are often suspects. how smart would it be to give the suspect the ability to shut down law enforcement efforts to build a case.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . Too many variables exist to make an educated guess about an answer. The circumstances drive the analysis.

    Does your daughter attend a public or private school? Did the Principal advise the police to give the officer probable cause that your daughter had an illegal drink underage? Did she take an illegal drink underage? Was it in a public place? DId your daughter understand and waive Miranda protections to have a lawyer present? Did your daughter acknowledge in the presence of the officer that she had alcohol and was underage?

    Bottom line is there are a host of valid reasons for the police to respond to the Principal about an underage person taking alcohol. And I do not think any of those valid reasons require the parents being present unless your daughter asked for you and was denied.

    Consult with the Prinicipal directly to get to the bottom of your questions. And remind your daughter about the age limit in place for legally drinking alcohol.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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