Criminal Law Questions? Ask a Criminal Lawyer.
I'm sure the police are going to say they were allowed into the house whether they were or not and the trial judge is going to accept their word. Once they are in the house they can administer the breath test since they then have probable cause.
If there were no open containers they are going to say the "smelled" alcohol on their breath. The search of the house is a real problem and if any other evidence had been uncovered then that could be supressed. The problem is that a trial court rarely supressses evidence and you have the expense of an appeal. There must have been some report or complaint and the police can act based on that complaint.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).