Can a minor (over 18 but under 21) deny a breathalyzer when not operating a vehicle in the state of CA?

1. There is no such crime as "minor in consumption" in California.

2. Anyone can refuse to take a breathalyzer test--but if you do so when a police officer has PC to believe you have been drinking and driving, you will lose your driver's license. There are no such repercussions if nobody thinks you have been drinking AND driving.

Just a minor correction to Mikeysco's minor addition. If you have a probation condition requiring testing, it is not illegal to refuse to take a test, it is a violation of probation. In other words, you cannot be punished for a NEW offense, but the punishment withheld on the offense for which you are on probation could be imposed.

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I believe that they can still be charged even if they don't take the breathalyzer because underaged drinking is illegal and test results are not required to be charged with a crime.

Why would you be given a breathylyzer if you weren't driving?

Based upon your clarifications refusing a blow test is automatic suspension of your license until 21 in AZ and then they would take you to the station, wake a judge up, get a supeana and draw your blood. No getting out of it.

A sobriety test is warranted even if you are just drunk in public in California. You do not have to be behind the wheel of a car. Drunk in public, PC 647f, is a chargable offense and you can be jailed on such a charge.

Under implied consent no one can deny any alcohol tests. Denial allows for instant revocation of driving privileges, and arrest.

18 and over is not considered a minor as far as being prosecuted in any state.

As far I know, yes.

Sure...if ya want to get tasered!

no