Legal Question in Civil Rights Law in Virginia
Walking home after Drinking.
I am a student and I was wondering what rights do I have when walking home drinking. Because I am 21 and the police are everywhere around campus, Do I have the right to refuse a Breathalyzer if stopped on my way home and what recourse do the officers have by means of accusing and/or arresting me for underage drinking?
Asked on 9/09/07, 7:36 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Walking home after Drinking.
Even if you're age 21, there are restrictions in most public places as to open containers of alochol and you can be arrested (or given a court summons) if you're found in possession of such open contaners in those areas. Officers cannot require you to take a Breathalyzer test nor can you be legally arrested for underage consumption if you're age 21 or over.
Answered on 9/09/07, 8:34 pm
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