Legal Question in DUI Law in Pennsylvania

Re: MIP - breathlyzer testing

This is an interesting question. I think the answer is no. A police officer may conduct a brief investigatory stop of an individual if the officer observes unusual conduct which leads him to reasonably conclude that criminal activity may be afoot. They can then frisk that person to make sure he has no weapons and that particular doctrine has been expanded a bit but I don't think it has been expanded to the point where they can take a breathalyzer.

However if the Officer merely smells alcohol on your breath and you are a minor that is enough to support a statutory offense charge of underage drinking. Since your remedy would be suppression of the results of the breathalyzer, I don't know that it much matters unless this is somehow brought as a court case.