Michigan house passes bill on Breathalyzers and minors

Posted at 7:36 AM, Mar 31, 2017
and last updated 2017-03-31 07:48:07-04

A state law that allows police officers to perform Breathalyzers on people 20 years or younger and penalizing them for refusing to do the test could be a thing of the past.

"I think a lot of individuals are not aware of the courts have ruled that it is unconstitutional to administer a breathalyzers test to minors because it is considered a search," Kimberly Buddin said.

Buddin works for the American Civil Liberties Union.

Officers will not be allowed to conduct the test without consent from the minor or a judge signed court order. The A.C.L.U said this will stop police from profiling minors.

Michael Rataj has dealt with breathalyzer cases with minors and had a case involving a Michigan State student that went to Federal Court. He's happy the law may be changing.

"Only way to get their attention was to go to Federal Court so I'm just happy that now they've taken an unconstitutional statute and made it constitutional," he said.