Legal Question in Civil Rights Law in Pennsylvania

Breathalyzer tests to minors

My 17 yr old daughter recently attended a school dance. She claims to have had 1 beer before the dance. Upon entering the gym with her friends they went their seperate ways. 1/2 hour elapsed when she noticed 2 of her friends were missing. She went to look for them and asked a school offical if she had seen them. At that time she did not know that they had more to drink than she did and they were already escorted out of the building by police. At that point she was told to go into a room where a police officer gave her a breathalyzer test. She registered 0.49. Her school has a ''0'' tolerance policy for alchohol and she is facing a 45 day suspension.

Did the police officer follow correct procedure? My daughter was never told she could refuse the test. Could she have refused?


Asked on 11/08/04, 11:15 am

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Breathalyzer tests to minors

From what you're saying, they are not prosecuting her legally...it's just a school discipline issue. As such, there is no evidentiary question.

A "45 day suspension" is not a suspension, it's an expulsion. (Anything over 10 days is an expulsion). For an expulsion, there needs to be a hearing, etc....certain procedures need to be followed by the school district.

I would be interested in knowing the procedures being used by the district to give her this punishment.

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Answered on 11/08/04, 2:12 pm


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