By DAVID EGGERT
Associated Press Writer
LANSING, Mich.- The American Civil Liberties Union filed a federal lawsuit Thursday on behalf of four teens who were forced by police to blow into a Breathalyzer at a party.
The ACLU says Michigan is the only state in the country where pedestrians under age 21 cannot refuse an alcohol test if police don’t have a search warrant.
Katie Platte was 19 last year when Thomas Township police directed her and some friends to take the test. She faced a $100 fine if she refused.
“I don’t think it’s fair for young people to have to choose between a $100 fine and an invasion of privacy,” said Platte, who said she was not drinking at the time. “With this, you’re guilty until proven innocent.”
The case will be heard by U.S. District Judge David Lawson, who in 2003 struck down a Bay City ordinance that was nearly identical to the state law.
The suit names local and state police and Gov. Jennifer Granholm as defendants.
A message seeking comment was left Thursday with Thomas Township Police Chief Steven Kocsis. A state police spokeswoman said the department had not yet received the complaint and could not comment further.
The ACLU is not challenging the ability of law enforcement to give alcohol tests to suspected drunk drivers.