breathalyzer test refusal

Can a person refuse a breathalyzer test without penalty if that person is not driving? For instance, can a teenager be approaced by a police officer who suspects he might be drinking and force him to submit to a breathalyzer? Would the teenager be arrested or fined for refusing to submit? I know there is a year license suspension if you refuse to submit while driving a vehicle, but what if you are just a passenger, or walking down the street? I live in the state of Kansas.

Thanks

[judg4]

You normally can refuse, but they can charge you based on what they see and think as well.

Your local DA can also confirm the law for you in your state if it is critical.