Legal Question in Criminal Law in Michigan

can the police breatholize all passengers in a car if the driver passes the breatholizer test on a college campus(Grand Valley State U.) if a passenger refuses the test are they automatically guilty


Asked on 9/17/16, 5:21 am

1 Answer from Attorneys
Jared Austin Austin Legal Services, PLC

Nobody is ever automatically guilty. Your guilt can only be proven if you plead guilty or are found guilty at a trial. There is no other way. The police can ask the passengers to submit to a breathalyzer, but they don't have to. In some instances they may face a civil infraction for doing so, but it is their right to refuse and there is no criminal penalty for refusing.

Read more
Answered on 9/17/16, 9:12 am


Related Questions & Answers

More Criminal Law questions and answers in Michigan