Radney’s on the case, again, but here’s the fun part: Michigan thinks it can force anyone under the age of 21 to submit to a breathalyzer at any time, i.e. when they’re not driving. And they’re aggressive about it. The ACLU is suing.
A second plaintiff, Ashley Berden was 18 years old when she attended a party at a friend’s house to celebrate her graduation from Swan Valley High School. After she left the party, Thomas Township police officers arrived and found her purse which she had forgotten. They then came to Berden’s house at 4:00 a.m., woke up her family and demanded that she take a breath test. The police did not have a warrant but they informed her that would be violating the law if she refused the test. The test registered a .00% blood-alcohol level, indicating that Berden had not been drinking.