My Son

[t_bell40]

What is the name of your state? Michigan
My son was pulled over a tail light out. When the officer asked if he had been drinking he said yes. He was given a breathalizer and blew .07 . .08 is the legal limit here in Michigan. He didn't have alcohol with him. He was at a friends house drinking. My question is that if he is not over the limit can he still be cited.?? What if he was having some wine with me at dinner??

[CavemanLawyer]

If he is 21 is doesn't matter how low his BAC is, any alcohol consumption prior to driving is DUI.

If he is over 21 than legal intoxication can still be proved through loss of one's faculties, which can occur even when your BAC is lower than .08.

[paguy88]

Originally Posted by t_bell40

What is the name of your state? Michigan
My son was pulled over a tail light out. When the officer asked if he had been drinking he said yes. He was given a breathalizer and blew .07 . .08 is the legal limit here in Michigan. He didn't have alcohol with him. He was at a friends house drinking. My question is that if he is not over the limit can he still be cited.?? What if he was having some wine with me at dinner??

1.ok the stop sounds legal.. with the bad tail light.

2 when the cop asked you son if he had been drinking.. he said yes.. you know he did not have to anwser that question but he did so he admited to doing so.

3. you said he didnt have the booze with him.. that is irrevelent they cops dont need to catch him with the booze.

4. If he is under 21 being at .07 most states have a zero tolerence for underage drinking.. he will have a problem

5. If he is over 21 yes and I am sure you may be surprised yes he can be charged with DUI. I am sure this will shock you but he can be charged. Depends on the cops evaluation of him on such things as the FST etc...

[t_bell40]

He is 17yrs. and when we got to court the other day the judge said "you had alcohol with you" and he said no. The judge then said the charge had to be changed from MIP to T/Pos U/21 . Not sure what the difference is but he was not transporting. Michigan