Alcohol & Drugs: MIP, MIC, Intoxication Passenger refusal of breathalyzer

[bimmerdad]

In my area of northeast Kansas, there have been instances where parents have picked up their under 21 children from a party, only to be pulled over by the police who demand to perform a breathalyzer on the minor, who is a passenger. While a driver has given implied consent, is a passenger compelled to perform the test? What are the potential penalties for refusal to comply? Can the parent be cited for obstruction of an officer's performance of duty for advising his child to refuse? If the minor has been drinking but had an agreement with his parents that he would not drive under the influence and would call them to get a ride, is the minor better off refusing to take any sort of test, or can he legally tell the officer he wants to consult an attorney prior to any questioning or testing? Is the officer's opinion that he smells alcohol on a minor's breath sufficient for an MIP or consumption by a minor citation?