Question:

Breathalize me in my home?

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I'm 17. When my mom went on vacation I had a few people over. Nothing crazy probably between 10 and 15 people. As expected, some one got way too drunk and was yelling outside in the street. I told him he had to go and I decided it would be best for everyone to leave. A neighbor called the police because of the drunk guy outside. The police came after everyone left and walked in to my house, forced me to take a breathalizer test and call my aunt to come from an hour away to stay with me. I was wondering if this was normal, because the way I see it is that they had no right to breathalize me in my own home.

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4 ANSWERS


  1. Because the person was outside yelling, the police had probable cause to believe there was underage drinking going on.  They do not need a warrant for this, so they had a right to enter your home and give you all breathalizer.  If you cannot be responsible, which having a party shows to the police officer you cannot, they have to find a suitable custodian to release you to..  which in this case was your aunt.


  2. Being in your own home does not exonerate you from criminal liability. If you are doing something illegal, you can be held accountable. Even in your own home.

    In fact, allowing someone to drink in your home is illegal. You are fortunate you were not charged with that.

  3. If they can articulate why they needed to breathlize you then they can. Things like knowing you are underage, and you appearing intoxicated.

    They are investigating a complaint of a crime, it is too late for you to tell them to leave. All that would happen is the conversation would move from your home to the station house.

  4. They have no right to walk into your house.

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