Drinking Citation Under 21

[zwhite165]

What is the name of your state?
Vermont

My girlfriend was given a drinking citation last night. She is 20, but her birthday is in June and she blew a 0.024, which is only 0.004 over the legal limit here in Vermont. The only reason why she blew anything at all is because she drank two sips from someone else' drink at a party. We would really like to contest this because not only was the citation for $150, but this citation might get her kicked out of college. We don't really know our chances or where to start, so any help would be appreciated.

P.S. She was not driving, a cop stopped her coming out of a party.

 

[FlyingRon]

What grounds do you have to contest it? She drank, she had alcohol in her system. Actually the law there says "measurable amount". It doesn't say you can have .02 and be ok. .02 is just where they set the measurable threshold. If she drank one sip, she's guilty.

 

[FlyingRon]

Mr. XXX is already under arrest for his third DUI in ten years and hit and run.
He's the perfect one to analyze your problem.

I never said don't fight it, I'm just pointing out the reality of the situation:
Drinking at all is a violation.
Having measurable alchohol is a violation.
The "barely in violation" is violation.

A laywer, or legal services at your college, can give you advice as to what you can do about this charge, and if there is any first time offender or other programs or pleas you might be able to get.

 

[zwhite165]

I would still like to hear from anyone who has some sort of credentials pertaining to this issue. Perhaps anyone who knows what breathalyzers are used in Vt, and what the margin of error is. I believe Vermont uses the BAC Datamaster but I'm not entirely sure. We will be going to the police station to find out within the next few days.