In MD, if you are not driving is there a penalty for not consenting to a

isdjsakmr

New member
breathalyzer test? for instance if you are drinking underage at a house party and the cops crash it and want to give everyone there a citation, is there a penalty for not consenting to the breathalyzer like there is when you are driving a car?
 
No.

Such a penalty would be unconstitutional.

It is legal to require people to provide a breath sample when driving, because by exercising the government granted privilege of driving you are considered to have given "implied consent" to such a search. A minor at a party, however, has given no such consent and may (and always SHOULD) refuse to submit to a breath test.

Richard
 
No, there isn't a penalty, but that doesn't mean you can't be arrested, charged and go to jail for it. If the cops crash a party like that and give citations, then you're already in some trouble before the breathalyzers come out.
 
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