Is this legal?

[Arctic WS6]

In the dorms at Texas Tech the RA's are being requiered to give out random breathalizer tests between 1-3am saturday nights to catch drunk students coming in. The purpose is to "show students the effects of drinking" or some crap.

Can a student refuse the test and walk away? The ra I talked to made it sound like if they dont cooperate, that the police may be called.

Forgot to mention this is in texas

[TraviZ]

sue rockstar!

[kfoley]

There's an easy solution to that...

Don't come back drunk till 4.... :D

[Arctic WS6]

haha yeah :) im not in the dorms though I was just checking for the RA. She thinks she can get in trouble for doing it.

[anesthes]

No they can't force you.

If being drunk on campus is an issue, they can call LEO and have them do it. But they can't force you to do it, unless they have authority given to them by the mayor or local sheriff. Which I highly doubt.

-- Joe

[KamaroZ'91]

I used to be a cop at a college, so i dealt alot with this. And this is more of a question of your college rules and regulations and not what the actual law is and i dont know your schools policies on drinking. But ill try to speak from both sides.

Cops do not administer B/A test unless your being pulled over for Driving under the influance and even then you have the right to refuse but you are still being charged, arrested and going to jail at that time wether you want to blow or not, but if you refuse you lose your license for 90days automaticially.
If your just stumbling down the street walking, smell of alchole, we just arrest for public intoxication, no B/A required.. And if whoever we arrest for public drunkness is under 21 they lose their D/L until the judge says they get it back.

R/As, got on my last nerve. sometimes they get confused and call the police when students break 'college' policy and not the actuale law. Three things would happen. Sometimes the students were drunk to the point where they had to leave with EMS, 2) they were drunk and acting out and got arrested, 3) they just had it on their breath and the r/a smelt it and called us and in this case i do not arrest JUST becaus someone has it on their breath. So i have to explain to the r/a that in college students will drink, its not out of the ordinary and dont call us wasteing our time unless they are causeing a disturbance or something. I never arrest students for being drunk unless they were causeing a problem acting up, otherwise i let them slide. Most of them were minors and i could have arrested for minor in possession but i always just took it away and tried to scare them, then let themknow what would happen if they were arrested. The only time i would arrest for minor in poss. is when they wouldnt listen and got an attitude with me..

[TC]

Legally they can't force you to take the test. However, you're also subject to whatever rules they have on campus and can go after you that way.