public defender

My son, age 20, was given a breath test for a minor. He failed. If he had the test for a person over age 21 he probably would have passed. They said this is different than a DUI because the blood alcohol level is lower and because he isn't 21 yet. I'm not sure I understand that.

At his first court appearance the judge told him to plead not guilty and get a public defender, then come back in one week. This is where we are now. I'm not sure why the judge advised this. Also, he drives a truck at work. If he is still allowed to drive, will the company insurance policy cancel him?

Thanks for the advice.

A young person under 21 by law should not be drinking. THEREFORE, any amount of alcohol in his blood would be considered violative of the law, even if that same amount would be legal if he was over 21.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.