Do Officers Have the Right to Breathalyze Me Without Reason
My question involves criminal law for the state of: California
So I received a MIP of alcohol charge about a month ago (19 years of age). I've taken care of everything in court and I'm currently enrolled in a program to keep my license and remove the MIP from my record. Last night I was driving to a friends house at roughly 10:30pm and when I made a left turn I see an officer pull out of a parking lot behind me and follow me into my friends culdesac. I knew he was running my plates, so I just parked along a curb. He never turned on his lights and he gets out of his car and asks for my license and registration. Supposedly I had made a "weird turn" when I turned into the neighborhood (I hesitated slightly when turning left while crossing traffic). After scanning everything he asks about my MIP and I give him that story. He then asks for me to step out of my car and I see that another cop has pulled up behind him with a breathalyzer kit. The officer that pulled me over then tells me that when I received my MIP I signed something in court that automatically allows officers to breathalyze me without cause and refusing to do so would result in suspending my license. So I blew a 0.00 and the officer handed me my license and sped off.
I'm not here to bitch, I'm glad cops are cracking down on drunk drivers, but it almost feels as if my rights have been stripped. Is what this officer said true? Because I have never heard anything of the sort. If it's true that upon recieving a MIP in California cops have the right to breathalyze you at any point, then when is this sort of action dropped? When my record is clean of this MIP?
Thanks in advance!
Re: Do Officers Have the Right to Breathalyze Me Without Reason
You are an admitted criminal. They had probable cause. Expect more of it.
Re: Do Officers Have the Right to Breathalyze Me Without Reason
We're not in a position to tell you the conditions of your probation. If in fact they include your consent to be tested for alcohol consumption without probable cause, that's why you can be tested without the officer's establishing probable cause. The terms of your probation last until you are discharged from probation.
A misdemeanor criminal conviction stays on your record indefinitely. Read this.
Re: Do Officers Have the Right to Breathalyze Me Without Reason
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Mr. Knowitall
We're not in a position to tell you the conditions of your probation. If in fact they include your consent to be tested for alcohol consumption without probable cause, that's why you can be tested without the officer's establishing probable cause. The terms of your probation last until you are discharged from probation.
A misdemeanor criminal conviction stays on your record indefinitely.
Read this.
It was an infraction, should have mentioned that. Plus, this program that I'm in drops the MIP and leaves me with a disturbing the peace charge, which I believe doesn't go on your record at all.
Re: Do Officers Have the Right to Breathalyze Me Without Reason
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BrandoPB
It was an infraction, should have mentioned that. Plus, this program that I'm in drops the MIP and leaves me with a disturbing the peace charge, which I believe doesn't go on your record at all.
Actually, disturbing the peace would be a more serious offense.
What code section were you convicted of?
Yes, you might be on court probation. If not, then the involuntary test may well have been unlawful.