Can a police officer force a BAC Test on a passenger of a car?

Question

In Maryland, if both the passenger and the driver are under 21 (under 18 as well), can a police officer force a BAC test on me, the passenger, if the driver blew a .00?

Answer 1

First off I have no idea how I could make any blow into a PBT (breath testing device) if they didn't want to.

The Officer can ask the underage person to take one if they think they have been drinking.  If the passenger refuses they could still be charged with drinking under age based on the odor and other observations (i.e. blood shot eyes, slurred speech, etc).

Answer 2

If they want to get the test done,they will get it one way or the other.

Answer 3

YES....If he has reason to suspect you are under the influence of alcohol as a minor.

Answer 4

You need to look at the "state statutes" of that state. If the officer suspects that you have consumed alcohol, I would say yes. I do not know the proceedures for minors in that state, they could always call your parents and get permission if required.

Answer 5

Well the person under 18 is a minor. If he even thinks you've been drinking he can take you in and call your mommy to come get you. Also if it's after 10:00/pm curfew bust not a big thing but what the h**l right. A couple of those the jevve Judge just might think your parents  can't handle you.  

Answer 6

No one can be forced to take a PBT (Portable Breath Test).  However, if the officer smells alcohol on you, you can be arrested for Public Intoxication.  This can happen with or without a PBT reading, in most states.

Answer 7

NO, and tell him you refuse to take the test and that you are in your rights to do so, and watch what he does next! Police officers aren't doctors and only a doctor can legally determine if you are under undue influence of any drug!

Answer 8

No.

He also cannot force a BAC on the driver either, although the penalty for refusing is typically driver's license suspension for a year or so.  That's from the "implied consent" laws.  But, a passenger has not impliedly consented to anything.

The only way the police can truly "force" a BAC test on anyone is by obtaining a warrant signed by a magistrate.

Answer 9

He can't "force" it, but he can order it.  A breath test requires the cooperatin of the person and thus can never be forced.   If you refuse, their is no automatic license suspension unless the cop had probable cause to believe you were driving. If all he has is reason to believe you are  minor consuming, he can make the arrest, take you to jail, and then get an order approving the forcible seizure of blood.  On the other hand, if someone agrees to the BAC because they thought they had to do it, that is quite lawful.