Can a minor refuse a breathalyzer test at a traffic stop?

The answer to the question of a minor refusing a breathalyzer at a traffic stop has a great deal to do with the position of the minor in the vehicle, although any driver can refuse a breathalyzer. If the minor is operating the vehicle he or she must abide by the same driver rules as adult drivers. This usually means that the officer can request a field sobriety test and, if required, a breathalyzer. Underage drunk driving has far lower BAC levels acceptable, in some states even the odor of alcohol on a minor driver at a traffic stop is grounds for charges. A minor refusing a breathalyzer will face the same consequences as a refusal by an adult driver, which will vary from state to state. In some states refusing a breathalyzer results in automatic jail time and loss of the driver's license, while in other states it may not include such harsh consequences.

Even if a minor refuses a breathalyzer he or she, if deemed by the police officer to be under the influence of alcohol, faces additional charges. There is no requirement of a breathalyzer in placing these charges that can significantly hinder the minor's ability to get their drivers license for years. In situations where the minor is the passenger at a traffic stop the same rules apply, they don't have to take a breathalyzer but they can still be charged as a minor in possession if there is alcohol detected on their breath.  Speaking to an attorney prior to any breathalyzer test or as soon as possible after submitting to a test is essential for minors and adults alike.