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Reload this Page Underage Citation in West Virginia

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Old 08-28-2008, 10:03 PM
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Underage Citation in West Virginia

What is the name of your state (only U.S. law)? WV
Must a breathalyzer be given in order for a underage citation to be given. There was no alcohol in the vehicle. Driver's BAC was .09. He was 21 and given a DUI. The remaining 6 were under 21. Breathalyzer given to 3 who ranged BAC from .01 to .04. All 6 were given underage citation including those who were not given the breathalyzer test.
um, guilty by association? or must there be a BAC level for the underage?
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Old 08-29-2008, 05:51 AM
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Firstly, no, a breathalyser is not required for an officer to testify in court that an individual was under the influence of alcohol. It may cement the case, but courts will generally accept the expert testimony of an officer.

Secondly, one does not need to actually consume alcohol to be in possession of it, and for minors, that is a big no-no (again, regardless of whether or not they've been drinking).
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