When can they breathalyze a juvenile? 1 Answers as of May 16, 2016

My son is 17 yrs old. He got into a car accident that was his fault. He did not see the oncoming truck and proceeded to take a left turn and the gentlemen T boned my son's car. No one was hurt. On the scene the officer said my son smelled fruity and said he probably smelled that way because he had a vape that he was smoking but she wanted to make sure so she breathalyzed him. He blew a .081 so he was arrested. The officer wrote on her paper that he smelled like alcohol and was slurring his words(which he was not) she did not even tell me she was going to breathalyze him, if I hadn't walked up when I did she would have done it without my knowledge. She also never told him or me that he could refuse it. She told me she couldn't do a field sobriety test because he hit his head in the accident and was bleeding a little bit. I was also not informed that I could follow them to the jail and be back there with my son while they did a second breathalyzer. He ended up blowing a .16 which was almost 2 hrs after the accident. When I did get back there to him the first thing he said was mom I signed a paper they told me to sign and I don't know if I was supposed to or not. It ended up just being a warning to motorists but I still feel I should have been present before he signed his name to anything. I know miranda rights being read aren't necessary in every case he was not read his and was released that night. Believe me he is in major trouble! But I feel like they violated his rights but I'm not sure.

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If an officer has a reasonable suspicion that a person has been driving under the influence or has been under-age drinking, they can request that the person take a portable breath test. Once place under arrest for a DUI or zero tolerance, the officer may request an evidentiary breath test. Your son needs an attorney to deal with this.
Answer Applies to: Illinois
Replied: 5/16/2016
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