Minor Under Influence In Georgia, Whats going to happen?

[boxiom]

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

I am an 18 year old male in Georgia.
Last night I got pulled over for having a broken head light. I had a passenger, a 16 year old who had consumed around 5/6 beers before we left his house. I myself only drank half a beer. I waited 15 minutes after I drank half the beer to drive. I took a shot of Listerine thinking it would help.

About 6-7 minutes later we got pulled over (for the broken head light). The officer smelled alcohol either on me or my friend. I believe it was my friend. He immediately told us to step out of the car after he ran my license. The officer had me to the keep your head still and follow my eyes test, and put your feet together, close your eyes, and tilt your head back.

The officer then asked "when was the last time you smoked marijiwana". Which I find highly offensive since I do not participate in the use of illicit street drugs. I told him I dont smoke weed, and he pulled the whole "bull****, come on man".

There were 2 cops.

After the test, he gave me a breathalyzer where I blew a .03 according to the officer. I told him I had listerine 5 minutes prior to us getting pulled over. Of course he didnt believe me, and no I was not telling the truth, but I dont believe half a beer would cause me to blow a .03 35 minutes after I drank the half. That was it, and he went back in his car and had my friend call his mom to pick him up. The officer came out with 2 tickets for me, one for the headlight, and one for a "minor under the influence of alcohol - .07". Thats all the ticket said. I brought up to the officer that he told me I blew a .03, and he gave me some excuse that made no sense about the BAC still registering SECONDS after I blew into it. Which I find not possible because the INITIAL blow from your lungs would be the highest alcohol content.

So I'm not sure what happens. The ticket doesnt say I was driving, it just says ""minor under the influence of alcohol - .07". I stuck to my listerine story, the officer NEVER offered to give me another breathalyzer. According to some rules they are supposed to either 2 Minutes after the initial, or 15-20 minutes later. They never gave me those.

They let me go after.

So im basically wondering. Whats going to happen in court? What do I say? Can I use anything agaisnt their procedures to drop the case? Is there anyway I can just pay the fines of the tickets? If not, what will happen?
I have NO prior points against my license, its a clean record. The only ticket I had, was a speeding one that I got wiped off my record.

[FlyingRon]

You're going to be convicted. You're charged with being less than the "of age" per se limit. Doesn't matter was .07 or .02, it's all the same. I'm sure the citation is just short hand for .07 or less.

Here are the consequences.

# Imprisonment not less than 10 days nor more than 12 months;
# Judge may suspend all but 24 hours of imprisonment;
# Probation, 12 months less any time served in jail;
# Fine not less than $300 nor more than $1,000;
# Not less than 40 hours community service;
# Attend and complete Drug and Alcohol Risk Reduction School; (DUI school);
# Revocation of drivers licenses, however after 6 months following the effective date of the revocation and subject to the examination requirements for obtaining a drivers license the individual my apply for their drivers license. If the blood alcohol level was 0.08 or more the revocation is for 12 months. A second or subsequent DUI the revocation is for 12 months. Must have completed the Drug and Alcohol Risk Reduction School, and pay a reinstatement fee of $210 if reinstatement is applied for in person or $200.00 by mail.

As for the testing. Nothing appears improper. By the time they got you to the intoxillizer, 20 minutes most certainly had passed since your ALLEGED swig of listerine. By the way if you swallowed it you are just as guilty as if you'd taken a swig of Jack. This is a "not a drop" charge. You're not supposed to be drinking at all at your age, not half a beer, not anything. And certainly you shouldn't be putting your impaired inexperienced driving butt behind the wheel.

This ain't a "ticket" thing. This is a CRIME. You will have a criminal record in addition to your driver record which is no longer clean. No "first offender" act deferral for DUI either.

You should at least consult with a lawyer familiar to the court your

[boxiom]

So are those ALL consequences I will get? Every single one? Or it just depends on the mood of the judge? I CANT lose my license for 6 months, I NEED it for my job. I see how one stupid mistake F'ed up a lot. I will pay a FINE, take the points on my license, and do community service, I just CANT get my license suspended.

[Ohiogal]

Originally Posted by boxiom

So are those ALL consequences I will get? Every single one? Or it just depends on the mood of the judge? I CANT lose my license for 6 months, I NEED it for my job. I see how one stupid mistake F'ed up a lot. I will pay a FINE, take the points on my license, and do community service, I just CANT get my license suspended.

You will have your license suspended. You need to deal with it. Apparently you will NOT have your job much longer.

[Yertle8]

Originally Posted by boxiom

I took a shot of Listerine thinking it would help.

Bad idea.

Originally Posted by boxiom

After the test, he gave me a breathalyzer where I blew a .03 according to the officer. I told him I had listerine 5 minutes prior to us getting pulled over. Of course he didnt believe me, and no I was not telling the truth, but I dont believe half a beer would cause me to blow a .03 35 minutes after I drank the half.

See, here's the thing: Listerine is 27% alcohol, so you pretty much did a shot of liqour thinking that it would help cover the smell of the beer, which it may have, but it contributed to your BAC significantly, enough that it was a 0.03 instead of the 0.01 that it would have been.

Originally Posted by boxiom

I brought up to the officer that he told me I blew a .03, and he gave me some excuse that made no sense about the BAC still registering SECONDS after I blew into it. Which I find not possible because the INITIAL blow from your lungs would be the highest alcohol content.

Absolutely incorrect. The highest concentration of alcohol on your breath would be the air deep in your lungs where the exchange between your lung air and blood is taking place. This air isn't what comes out initially, but what comes out after 5-10 seconds of blowing. This is scientifically sound.

Originally Posted by boxiom

According to some rules they are supposed to either 2 Minutes after the initial, or 15-20 minutes later. They never gave me those.

In some states they are required to observe you for 15 minutes before administering a chemical test that is admissible in court in order to ensure that you don't burp or something similar (as that might create mouth alcohol and make your BAC artifically high). I don't know if these are requirements in GA.

If you want to fight it, get a lawyer, you're not beating it on your own. If GA has a diversion program try to get in that. If you go to court and tell the judge you drank Listerine you're just going to get convicted, as it is just as illegal to be drunk on Listerine as it is to be drunk on vodka. (I realize that 0.03 isn't drunk, but you're 18 so it doesn't matter.)

[boxiom]

How and when would I get into a diversion program? Before my court date? Or is it something I could ASK the judge for? If I enter a diversion program I read that your license wont be suspended

Like I said, is there ANY way I can avoid getting my license suspended. I'm not going to fight it, I understand what everyone is saying, im screwed basically no matter what I say. But I have NO other criminal offenses in my life, my record is clean, im not a bad kid, just a dumb mistake.

[Ohiogal]

Originally Posted by boxiom

How and when would I get into a diversion program? Before my court date? Or is it something I could ASK the judge for? If I enter a diversion program I read that your license wont be suspended

Like I said, is there ANY way I can avoid getting my license suspended. I'm not going to fight it, I understand what everyone is saying, im screwed basically no matter what I say. But I have NO other criminal offenses in my life, my record is clean, im not a bad kid, just a dumb mistake.

YOU are underage and therefore YOU will have your license suspended. Your record will not be clean. YOU drove while under the influence of alcohol AND you drank alcohol underage -- both of which are crimes for you. So it was NOT ONE mistake.

[boxiom]

Thats a given that my record wont be clean, believe it or not, even though I am young and make stupid mistakes, im not a moron. You can try to talk to me like im some stupid ignorant kid, or you can talk to me like an adult.

I did not get a DUI. I just re-read my ticket it says:
"Underage Consumption of alcohol , state law, .007"

He let me drive my car away, 5 minutes after he wrote the ticket.

I'm going to plead guilty, and I guess take the bullets to the chest.

Now can anybody clear up the diversion program question I had? Instead of repeatedly telling me what I did is illegal, im very aware of that.

[FlyingRon]

OK, if you weren't charged with a DUI you were lucky. The underage consumption (actually possession) is still a misdemeanor, but a $300/6 month one. However, if you weren't PURCHASING alcohol, your license ought not be suspended.

Unlike the DUI, the first offense on this one can be deferred at the discretion of the judge put you on probation for up to three years (including alcohol classes) and discharge the case at the end of that time

I'd at least CALL a lawyer and make sure that this is the correct reading of the statute. We aren't lawyers here (but we did stay at a Holiday Inn Express last night).