Pulled over, under the limit, yet also under 21

[mavguymav]

What is the name of your state (only U.S. law)? Minnesota (Incident occurred in St. Paul)

I want to first thank everyone for the information I picked up from viewing as a guest. I now come to you as a new member with his hat in hand after making a very poor decision...

I was driving home from a party on a college campus around 1am. I was on a highway and was pulled over for speeding, which I received a warning for, as the trooper that pulled me over was in general understanding of my situation.

Unfortunately, he did detect alcohol and ask me to do a field sobriety test. He did not disclose whether my "performance" was satisfactory, but I was able to walk a straight line, and my foot only came down once (it was on the side of a busy highway and I was very nervous as this was my first negative encounter with a law enforcement official). I realize there are other criteria, but I still think I did well.

He then told me to take the breath analyzer, which read a .62. A relative came and picked up my car and gave me a ride home, and I was given a ticket for a "Under 21 drink and drive". This is a violation of state statute 169A.33. I am 20 years old.

Finally my question... As a first time offender (no record at all... not even detention in high school), what punishment will I most likely receive? Will I go to court? Should I retain legal counsel? Is there anything I can do to lessen the blow preemptively?

I realize I made a huge mistake. The irony is that I drink quite rarely.

Though, I have beat myself up pretty bad for this, I do have confidence this is a one time mistake.

Thank you again for any help you can give a moron like myself,
mavguy

[FlyingRon]

You mean 0.062 presumably. 0.62 would be critically intoxicated. I've seen some guys in the ER with .42, but I've seen people dead of alcohol poisoning below that.

You're going to be up against the 169A.33 (not a drop) misdemeanor.

If you're also under 18, you're going to get the Vanessa's Law sanctions (169A.55). Kiss your license goodbye.

[mavguymav]

yes, 0.062, sorry for the confusion!

I am 20 years old (8 months short of 21, not that it matters in the eye of the law). So, thank god, I won't be going up against Vanessa's law.
According to statute, I could face up to 30 day license suspension and $1000 fine, I believe.
I would be thrilled to get away with the $1000 fine, but is a suspension likely for a first time offender? If this happens is it possible to pay a larger fine to avoid this?

Also, should I contact a lawyer?

Again, I greatly appreciate the community's help!
Mavguy

[ariastar]

If you're under 21, any alcohol at all gets you in major trouble.

I hope your license is suspended for a LONG time. You have no remorse. Your stupidity can cost people their lives.

[mavguymav]

Thanks, incredibly productive. By the way, I am 20 years old, and was not impaired! I was not pulled over for driving unsafely, it was "reasonable cause" as I was leaving a frat area. Heads up, not long ago the drinking age was 18, and currently, hundreds of college deans are pushing to lower it back.

Isn't it amazing how at the age of 21 our bodies can immediately handle alcohol when they couldn't a week before your 21st birthday?!? Get your head out of the sand. I didn't endanger any lives.

But really, I appreciate it. Way to fight your crusade against alcohol in an online forum. I see you going far.

[Alex23]

Originally Posted by mavguymav

I am 20 years old, and was not impaired!

You were .012 away from a DUI. That's several drinks and you WOULD be impared, even if you didn't realize it. That's the problem with alcohol, and why they don't want immature people like yourself using it and then driving autos.

Isn't it amazing how at the age of 21 our bodies can immediately handle alcohol when they couldn't a week before your 21st birthday?!?

No one said that people can handle alcohol better after their 21st bday. The law states that you are not allowed to drink before then. The hope is that you might have learned a little common sense by that time.

Get your head out of the sand. I didn't endanger any lives.

That's not the reason you got the DUI ticket, but the officer who pulled you over was doing his best to save the lives of others, including yourself. You should be thanking him. He did you a favor.

But really, I appreciate it. Way to fight your crusade against alcohol in an online forum. I see you going far.

The way I see it is that you are using this forum as your crusade to justify underage drinking. The rest of the adults here choose by themselves whether they are going to drink or not. It's not illegal for us, and we're not crusading for temperance laws. What's your point, again?

[CdwJava]

Originally Posted by mavguymav

currently, hundreds of college deans are pushing to lower it back.

And it is NOT because they think people under 21 can handle their liquor just fine, there are other reasons behind this push that have to do with liability.

As for the law and being under 21, yes, a person is impaired at .06. The impairment may not readily exhibit itself during the FSTs since they are constructed for evaluations of BACs at slightly higher levels (originally for .10 then modified to adapt to .08) which is why you were not arrested for DUI and only given a cite for underage consumption.

If you do not agree with the alcohol consumption laws, you are free to lobby your federal and state legislator for a change in the law.

- Carl

[ProSePA]

I am not from Minnesota so I do not have any experience with the applicable state laws. The best advice is to always speak with an attorney. Most criminal defense attorneys do not charge a consultation fee and you can explain your situation, get their input and see how much they will cost. This gives the benefit of being able to "shop around" for an attorney. Schedule a couple of appointments with local criminal defense firms and go see what type of price range your looking at for your particular case.

With that out of the way lets look at what you may be facing:


Minn. Stat. § 169A.33 (2007) - Underage Drinking and Driving

Subdivision 1. Definition.

As used in this section, "motor vehicle" does not include motorboats in operation or off-road recreational vehicles.

Subd. 2. Crime described.

It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.

Subd. 3. Criminal penalty.

A person who violates subdivision 2 is guilty of a misdemeanor.

Subd. 4. Administrative penalty.

When a person is found to have committed an offense under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated subdivision 2 or a statute or ordinance in conformity with it.

So it would appear that you are going to lose your license for at least 30 days if found guilty of this charge. Since I do not know the laws of Minnesota nor do I have any relevant experience I cannot comment much further then just giving you the statute information. The most important thing is whether your state has a system in place that allows for probation and then expungement of the record. If you are in possession of the citation you should take it to an attorney and ask what the best step is. Whether you plead guilty, not guilty, or no contest you will need to go to court at some point. Since this is your first offense you may get some leeway from the prosecutor and/or judge if they are able to provide any in terms of sentencing.

Sorry I can't help you any more then this and I hope that you are able to find counsel that can answer all of your questions in more detail.