Did the Officers have probable cause to breathalyze me?

Asked over 1 year ago - Macomb, IL

Me and five of my friends had a little to drink, I myself had a BAC of .03. we were walking through our college campus not causing trouble or being disruptive, I was simply showing my friend around campus. One of my friends decided to go under an information kiosk and stand in it because it was hollow. the rest of us followed for some reason and when i got out there was a Police officer standing there. none of us were stumbling being rowdy or disrespectful to the officer which to my thoughts gave him no probable cause to breathalyze us. he simply asked if we were drinking and not wanting to lie to the officer we said yes. Along with forgetting the breathalyzer and making us wait for another officer to get one he did not sign my ticket. the offense is underage consumption of alcohol

Attorney answers (4)

  1. Joshua Sachs

    Contributor Level 19

    4

    Lawyers agree

    Answered . The officer doesn't need probable cause to ask you if you drinking. He asked you and you obliging said "Yes.." Voila! The officer now has probable cause because you confessed.

  2. Brandon Kenneth Davis

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . In addition to the answers provided by the other attorneys, you should be aware that a year license suspension will result if the offense is reported to the SOS.

    The information contained in this answer is offered for informational purposes only. This information does not... more
  3. Vijay Dinakar

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The facts of your question are insufficient to render a complete answer (don't reveal further facts here). You need to hire a local criminal attorney immediately to fight your cause (including attempting to suppress any evidence that may have been illegally obtained). With any luck this case will be dismissed.

  4. Charles K. Kenyon Jr.

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree that you want to consult with a local criminal defense lawyer about this. Now.

    Probable cause? I think so. I am assuming you appear to be not above the legal drinking age and you told the officer you had been drinking.

    Note, wise to tell the truth if you answer, but you do not need to answer. See the link below about talking to police. Watch the videos - perhaps with your friends!

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

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