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If a minor is at a party where alcohol was being served, be compelled to a breathalyzer? this was in the state of maryland.

Baltimore, MD |

The parents of the minors were called and came to the party, however, the police were compelling the minors to take a breathalyzer before being released to their parents. Is that legal?

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Attorney answers 1


Nothing done by force by State agents, absent a warrant, a court order to do so, or an emergency under the police's community caretaking function is lawful. Did the officers have consent of the parents to administer the breathalyzer tests? Did the child consent to the tests? If not, the results of the testing may be subject to suppression at a court hearing. That's a general opinion, however, and not meant to be legal advice in your specific case or the forming of an attorney-client relationship. For that I would need to interview individuals involved, read the police reports and research the facts surrounding this apparent "forceful" administration of breath tests.