What search is needed for a breath test?

• A. Permissive Authorization For Search And Seizure (5580/16)
• B. Probable Cause Search
• C. No Search Required
• D. Writ Of Habeas Corpus

Answer: (A)

Breath tests in DUI investigations are authorized by implied consent, so the officer can obtain a breath sample without a warrant. The authority comes from a Permissive Authorization For Search And Seizure, which explicitly covers collecting a breath sample as part of the arrest process. A probable cause search isn’t needed here because the test is allowed under implied consent after a lawful stop and suspected intoxication. Saying no search is required would ignore that obtaining the breath sample is a form of seizure authorized by the policy. The writ of habeas corpus is unrelated to administering a breath test. So the correct approach is the permissive authorization for search and seizure.