Telluride, CO asked in Education Law and Juvenile Law for Colorado

Q: Would a minor be penalized if they refused to be breathalyzed when leaving the premises of a building?

So I am about to go to prom as a senior. This is for a high school dance. My principle has made a rule that students must be breathalyzed on the way in and the way out of the dance. It is understandable to be breathalyzed on the way in, but will students be penalized by refusing to be breathalyzed on the way out? Since we are in fact leaving the premises of the building, it seems unreasonable to be breathalyzed on the way out. Can the principle enforce this rule, or can she penalize any student for refusing? Is that legal?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: This is not a legal requirement, but apparently a local school policy (I assume it is not a district policy). It is possible that testing before entry in legal (under the logic that this is a private event), but this is open to a lot of interpretation. As for the testing before leaving, that seems rather questionable. I don't know what the penalties are: baring re-entrance seems reasonable, but having penalties carry beyond the event is very questionable. I would contact the principal for clarification.

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