Alcohol & Drugs: MIP, MIC, Intoxication Michigan passenger MIP

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jordan416802

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Last tuesday me and some friends went to a club, on the way home we were pulled over for the licence plate blub being out.

The officer came to the window and asked the driver (age 19) to step out of the car to show him what the problem was. The officer then decided to give him a Breath Test (which the driver didn't consent to) and he blew a .023. (.02 is the limit for minors) The officer then went to the rear passengers and took them out of the car (both 21), while taken them out of the car he found a bottle of jager, which no one knew about. (a previous passenger that round in car on the way there left it in the car, no one knew he even had anything).

The officer then took me out of the car asked me for my ID, i showed him (i'm 20) and he said since i'm not 21 i had to take a breath test and then held the thing up to my face.

The driver was giving a DWI, a transporting, and an open container ticket. I was given a "Minor Consuming Alcohol" ticket.

My question is was the officer out of line anywhere. I thought that cops were suppost to give you the choice to take the test and tell you what there reasons are and kind of give you your rights, and this guy didn't. Also weren't his reasons for giving us the test out of line, (because he "smelled it", just came from a club), and also did he legally have the right to search the car and take the passengers out?

Someone help me out please!!
 
What did the police officer say when the driver did not consent to the test? My understanding is that breathalyzer tests are not mandatory at this point. What state is this in?

Originally posted by jordan416802
Last tuesday me and some friends went to a club, on the way home we were pulled over for the licence plate blub being out.

The officer came to the window and asked the driver (age 19) to step out of the car to show him what the problem was. The officer then decided to give him a Breath Test (which the driver didn't consent to) and he blew a .023. (.02 is the limit for minors) The officer then went to the rear passengers and took them out of the car (both 21), while taken them out of the car he found a bottle of jager, which no one knew about. (a previous passenger that round in car on the way there left it in the car, no one knew he even had anything).

The officer then took me out of the car asked me for my ID, i showed him (i'm 20) and he said since i'm not 21 i had to take a breath test and then held the thing up to my face.

The driver was giving a DWI, a transporting, and an open container ticket. I was given a "Minor Consuming Alcohol" ticket.

My question is was the officer out of line anywhere. I thought that cops were suppost to give you the choice to take the test and tell you what there reasons are and kind of give you your rights, and this guy didn't. Also weren't his reasons for giving us the test out of line, (because he "smelled it", just came from a club), and also did he legally have the right to search the car and take the passengers out?

Someone help me out please!!
 
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