Legal Question in Criminal Law in Pennsylvania
underage drinking
20 year old was at a party and the party got busted. He was not read his rights and was refused a breatherizer. What can he do? He was cited for consuming alcohol.
1 Answer from Attorneys
Re: underage drinking
The theory of being 'read your rights' only applies when the police/government are questioning you. If the police are simply going into a house party and handing out citations, you have no 'rights to be read.' When people talk about their rights, they mean that have the right not to incriminate themselves.
As far as the breathalizer goes, you have no right to have a breathalizer or to request one. However, if your cse goes to trial, you could assert that you asked for a test and were refused.
You should go to court and see what happens. If you are seriously worried, bring a lawyer.
Good Luck. Feel free to email or call.
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