I don't know Pennsylvania law nor am I giving legal advice but.......
My best educated guess is that nothing would happen to them if they weren't driving. You don't receive the full protection of the 4th Amendment with Breathalyzers but I can't think of what else they could nail you with just from the Breathalyzer. If they had caught you in possession of alcohol they would just cite you for that. That being said if you were riding a bike or another mode of transportation (even a horse) they could still compel the breathalyzer for the purposes of a DUI charge, but I don't know that you'd suffer the same consequences, license suspension, for a refusal to take it in that circumstance.

Comment