Actual physical control

[mom_of_runnerz]

What is the name of your state? ND
my son was picked up at 6:30 am for actual physical control. A security guard found him in the driver seat with the car still running. He was passed out. We haven't seen his arrest papers yet, because he is in college and we live a ways away from him.
This is his first, he took a breathalyzer he said his paperwork say .15, we are wondering if this a situation where we need to hire an attorney. He is 18 and has agreed to undergo an alcohol evaluation. We are not drinkers and I think he did not drink during highschool. He is in college on an athletic award.What is the name of your state?

[justalayman]

an attorney, or at least the advice of one would be a very good idea.

[BigMistakeFl]

In ND, the BAC results with concentration over 0.08 is all that's needed for DUI. Impairment doesn't have to be proven, prosecution just has to prove that your son was the one operating the vehicle. (That doesn't have to mean actually driving down the pike)

I'd want to speak with a lawyer, if it were my son.

He'll face a fine of at least $250.00, plus a 91 day license suspension, plus alcohol assessment, jail is available as a penalty, but not likely for a first offense.