Walk It Through: The Graduation Party
A breath test that needs consent or a court order, a call for help that is not a violation, and a civil infraction the first time.
Police arrive at a graduation party, and an officer asks an underage guest to take a preliminary breath test.
Two things a person in this spot might do. Picking one shows what the law says about it.
One party and what followed it. Fake identification, the employment and college course exceptions, and the higher levels in detail are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Any bodily alcohol contentFor a minor under the liquor code, 0.02 or more, or any presence of alcohol from drinking outside a religious service or ceremony.
- Preliminary breath testThe breath test at the roadside, before any arrest. Refusing it on a lawful request is a civil infraction for most drivers.