Is it leagal in ohio to give a sobriety test to a minor w/o parents permission. Not a driver in this case?

my daughter was stopped while walking down the street with some freinds, she was put in a police car and taken to the station, there she was made to submit to a sobriety test. we were not notified until after the fact. She is 16. was this action legal under ohio law?Is it leagal in ohio to give a sobriety test to a minor w/o parents permission. Not a driver in this case?
yes they only need you there if they question her in suspicion of a crime.Is it leagal in ohio to give a sobriety test to a minor w/o parents permission. Not a driver in this case?
If they have reason to suspect the minor has been drinking (i.e. the driver was drunk, there was alcohol in the vehicle, the smell of alcohol, the appearance of intoxication. . .), that is called ';probibal cause';. With probibal cause, they have the right to search without permission.





If they had no reason to suspect there was drinking, then they can't do a search. They would need permission from the parents to do a breath test. But good luck proving the cops didn't suspect drinking. . .
Yes they may, if she was questioned she would have had to have had her rights read to her ( but only if questined)





But parents do not have to be present at questioning and only notified if arrested.





She was strongly suggested, but she could not be forced to take the test, she could have been lied to, or tricked, but not forced.
Of course its legal, she is a minor and the last time i checked minors aren't allowed to consume alcohol, you also could feel the consequences since she is your responsibility while she is a minor
Since it is a crime for a minor to posses or consume alcohol, a police officer who has probable cause to suspect that she has illegally consumed alcohol may administer a sobriety test. She doesn't need to be over the limit for driving, she just needs to have a positive test result that cannot be explained by medical reasons. Most states set the alcohol limit for drivers under 21 at .01 or .02, well below the adult standard of .08.





The only question to be addressed is did the officer have probable cause? Any of the standard clues would be valid: Stumbling gait, slurred speech, odor of alcoholic beverages on the breath, drinking from a container wrapped in a paper bag, open consumption of alcohol, walking out of a bar (for a minor), being in the company of persons previously convicted of that offense who are in possession of alcohol, etc. would all probably meet the test.





Regardless of what your daughter or her friends might have said, a police officer would not just single her out from a group of people and run her in for a sobriety test. He saw something that gave rise to probable cause or he would not have taken her into custody.





Some states may require the parents to be present during questioning for certain crimes, but taking a sample for ascertaining alcohol consumption and sobriety is not questioning a suspect under the law and is not protected under the 5th Ammendment.





In many states, a conviction for minor in posession (consumption) of alcohol will mean the minor's driving priviledge will be revoked until they turn 21.
Don't get into a twist as I'm sure that she had nothing to hide.
Yes. And if she blows positive, YOU are in trouble as well as she.





Quite literally, your daughter is being invesitigated for a serious criminal act, due to probable cause by the officer.
1. I don't know of any state that requires a parent's permission to administer a sobriety test.





2. You probably need to consider what Ohio's drunk in public statutes law says about why she was picked up. This would be especially relevant if that state as adoped some kind of zero tolerance law regarding minor's drinking.





Rather than worring about whether the police took appropriate action, perhaps you should ponder what the parent's liability is if your daughter is found guilty of a violation.
I can't find the answer right now. But I believe that this would fall under what's called exigent circumstances. In an alcohol related incident, the officer has a set window of time to conduct the breathalizer. Since the evidence in this case if ';volatile'; and will disappear over time, he must get the evidence without a warrant or the parents permission since obtaining permission or a warrant would take too much time.


It's kinda the same reason a police officer can chase a suspect into a home and arrest them there. They don't need to stop at the door and get a warrant if they witnessed the suspect enter the home and the suspect poses a threat.


Another example would be if an officer asks a suspect a question like, ';Where's the gun'; during an arrest. The officer must make the scene safe first. He does not have to arrest the supsect, then read them Miranda before he can ask such a question if the situation is dangerous. Such as the presence of a weapon in a crowded grocery store.


These are all exigent circumstances.