Cited for MIC

[awkid]

What is the name of your state (only U.S. law)?

 

[awkid]

Cited for MIC
What is the name of your state (only U.S. law)? Wyoming

I was recently cited for minor in consumption after a house got busted. I refused the breathalyzer test and the eye test, stating I do not trust the accuracy. This came to be a valid concern since multiple people blew several times and received different readings. I told them I had not been drinking yet they still ticketed me under the claim that my eyes were red and they could smell alcohol on my breath. What are the best defenses to these claims? Is the smell of alcohol subjective? Thank you for the help!

 

[FlyingRon]

PBTs are indeed inaccurate which is why they aren't used for the per se intoxication tests for (adult) drivers, but with MIC since you're not supposed to have ANY alcohol, it's not a problem. Note, consumption isn't required in Wyoming. Mere constructive possession is all that is necessary. Your statement that you hadn't been drinking is immaterial (though your statement that you had could be used against use). You haven't indicated any defense to this claim. If you want to fight this, an attorney who can look at the facts against you is your best bet.

 

[awkid]

I understand that it's not required to have consumed alcohol to receive a misdemeanor but the charges placed on me read "minor in consumption" not "minor in possession." Isn't the wording very different because one has to prove consumption while the other only needs to prove possession?

 

[quincy]

Cited for MIC
What is the name of your state (only U.S. law)? Wyoming

I was recently cited for minor in consumption after a house got busted. I refused the breathalyzer test and the eye test, stating I do not trust the accuracy. This came to be a valid concern since multiple people blew several times and received different readings. I told them I had not been drinking yet they still ticketed me under the claim that my eyes were red and they could smell alcohol on my breath. What are the best defenses to these claims? Is the smell of alcohol subjective? Thank you for the help!

Here from the National Institute on Alcohol Abuse and Alcoholism is a link to the underage drinking laws in Wyoming: https://alcoholpolicy.niaaa.nih.gov/APIS_State_Profile.html?state=WY

I agree with all that FlyingRon wrote.

Although there are clear defenses to underage consumption/possession charges, you do not indicate from what you wrote in your post that any of these defenses apply to you. I imagine they don't. That said, the answers to the following questions can help determine this better:

Was the home owned by your parents/guardians or one of your adult family members and, if so, did they supply the alcohol and were they present at the time the police arrived? Are you married to someone over the age of 21?

The consumption charge, as would be a possession charge, is a misdemeanor, punishable by a fine up to $750, the possibility of jail time up to 6 months, and a driver license suspension/revocation/denial. Because there were minors drinking alcohol in the house, a possession charge if not a consumption charge can be supportable.

Because a conviction on a misdemeanor charge leaves you with a criminal record which can make your life difficult - potentially limiting your future employment and educational opportunities, and restricting travel to other countries, and increasing rates on insurance and loans, and denials of financial aid and scholarships - you will want an attorney to help you negotiate with the prosecutor for the best possible outcome.

Whether there is a defense to the charge or whether there can be a reduction in the charge or a dismissal of the charge can be better determined after you have the attorney you hire personally review the facts.

Good luck.

 

[FlyingRon]

I understand that it's not required to have consumed alcohol to receive a misdemeanor but the charges placed on me read "minor in consumption" not "minor in possession." Isn't the wording very different because one has to prove consumption while the other only needs to prove possession?

There's no difference in the charge for consumption and possession. The law is MINOR IN POSSESSION and law includes:

Possession,
Purchasing, attempting to purchase, or soliciting others to purchase,
Consumption,
Having a measurable blood/breath alcohol level,

You're not going to win quibbling over the title of the charge.

 

[quincy]

There's no difference in the charge for consumption and possession. The law is MINOR IN POSSESSION and law includes:

Possession,
Purchasing, attempting to purchase, or soliciting others to purchase,
Consumption,
Having a measurable blood/breath alcohol level,

You're not going to win quibbling over the title of the charge.

I guess I didn't make it very clear in my post that the law awkid was cited under (12-6-101) covers BOTH consumption and possession, did I? That point is worth emphasizing.

If awkid hopes to find a defense to the misdemeanor charge, that is not it.

There are youth diversion programs available to first offenders so this is a likely outcome for his charge (IF awkid is a first offender and IF the charge cannot be reduced or dismissed for some reason that is not apparent from the facts as presented so far).