changed with consumption of cough syrup to become intoxicated - but did not consume

[10brandonr]

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

As a minor I was pulled over for a curfew violation. Because my passenger was currently on probation they were allowed to search my car. Earlier that evening a few friends had consumed cough syrup in order to get high- I was driving so I did not take any but they left some of the bottles and boxes in my car. So the court is attempting to charge me for consumption of a substance to become intoxicated. I know they will try to bully me and I want to hire a lawyer- but my parents are unwilling to pay. Is it likely I will be charged and how can I get a lawyer without the cost? suggestions? opinions?What is the name of your state (only U.S. law)?

[dave33]

Are you still under 18? There is more than 1 way to be eligable for a public defender. What is your specific situation now?

[10brandonr]

Yeah I'm seventeen

[woodykas]

drinking cough syrup for being high ??? I did not buy this story.

it is VERY hard to drink ENOUGH cough syrup's without vomiting at least for a FEW first times.

[ProSePA]

I did not see any reference to a South Carolina statute having to do with consumption of a substance to become intoxicated. Can you state the actual violation that you have been charged with or are facing possible charges against.

[10brandonr]

Yeah i'm in the process of trying to find a lawyer. I went to my first court hearing. I plead not guilty. I'm probably going to just get a private lawyer. I'm still extremely frustrated. I do have a a small criminal history where I was on probation for drinking. The judge and the states attorney are familiar with me and are not too fond. I'm really scared of getting in trouble for this- especially since I didn't actually consume. I was just driving around my intoxicated friend. What should I do? thanks for the responses guys!

[ElvinMelvin]

Originally Posted by woodykas

drinking cough syrup for being high ??? I did not buy this story.

Cough syrup containing Dextromethorphan (DXM) is commonly used as a recreational drug, particularly among teens who are not able to legally purchase alcohol. Several states have either passed bills or have bills pending restricting the sale of dxm-containing cough syrup to those 18 years of age and older.

[ElvinMelvin]

Originally Posted by ProSePA

I did not see any reference to a South Carolina statute having to do with consumption of a substance to become intoxicated. Can you state the actual violation that you have been charged with or are facing possible charges against.

OP is in South Dakota. Might be this:

South Dakota
Codified Laws Ann.
§22-42-15
Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.