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Minor In Consumption, breathalizer 0.0

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quincy

Senior Member
What is the name of your state (only U.S. law)?
Jcmac, you can use the "edit post" feature to add your legal question and the name of your state - or you can just "reply to thread."

Please add whether you were in a car or a pedestrian when you were breathalyzed, too.

Thanks.


(by the way, it is the "preview post" feature on this site that caused your post not to print - it has been malfunctioning for awhile now)
 

Jcmac

Junior Member
Minor in Consuption. Breathalizer 0.0

My son was recently cited for minor in consumption. Many others were involved as well. Police lined the teens up and asked them if they had been drinking. My son said he had some punch (I think he believed it may have had alcohol). Police then breathalized everyone. He says he blew 0.0 and heard the officers discussing it. A citation was still issued because of his admission, however, it clearly has a portion written for BAC content crossed out on the citation. Should we contest?
Btw, thank you 'Clincy' for the technical advice.
 

quincy

Senior Member
My son was recently cited for minor in consumption. Many others were involved as well. Police lined the teens up and asked them if they had been drinking. My son said he had some punch (I think he believed it may have had alcohol). Police then breathalized everyone. He says he blew 0.0 and heard the officers discussing it. A citation was still issued because of his admission, however, it clearly has a portion written for BAC content crossed out on the citation. Should we contest?
Btw, thank you 'Clincy' for the technical advice.
I sort of like the name "Clincy" but on this forum I am generally called "quincy." ;)

What is the name of your state (or the state where your son was cited for minor in consumption, if different)?

None of the teens were driving, then? This was at a party?
 
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quincy

Senior Member
It was Idaho. No driving. Thx
Thanks for providing the state name. I will fill in a few blanks and you can tell me if I filled them in wrong.

Your son was at a party with other teens. The police were called for some reason. There was alcohol at the party but your son told the police he only drank "punch." The police lined the teens up and breathalyzed them all.

Did the teens consent to being breathalyzed? Or did the police tell the teens they had to submit to a breath test?

Your son tested at 0.00%. That is good. What is not so good is that he was ticketed for consumption anyway. Are you sure he was not ticketed for minor in possession?

Consumption and possession are essentially charged the same way. If your son was at a party with alcohol, the police could have ticketed him for minor in possession (a misdemeanor) or, if he blew 0.02% or above, with minor in consumption (a misdemeanor). Although you could fight the consumption based on the breath test, if there was alcohol at the party your son was still in possession of alcohol. The result is the same.

I recommend your son consult with an Idaho attorney to see if the minor in consumption ticket can be dismissed outright based on the breath test. If the ticket cannot be dismissed, your son as a first offender could be eligible for a diversion program that will keep his criminal record clean.

Good luck.
 

Just Blue

Senior Member
Thanks for providing the state name. I will fill in a few blanks and you can tell me if I filled them in wrong.

Your son was at a party with other teens. The police were called for some reason. There was alcohol at the party but your son told the police he only drank "punch." The police lined the teens up and breathalyzed them all.

Did the teens consent to being breathalyzed? Or did the police tell the teens they had to submit to a breath test?

Your son tested at 0.00%. That is good. What is not so good is that he was ticketed for consumption anyway. Are you sure he was not ticketed for minor in possession?

Consumption and possession are essentially charged the same way. If your son was at a party with alcohol, the police could have ticketed him for minor in possession (a misdemeanor) or, if he blew 0.02% or above, with minor in consumption (a misdemeanor). Although you could fight the consumption based on the breath test, if there was alcohol at the party your son was still in possession of alcohol. The result is the same.

I recommend your son consult with an Idaho attorney to see if the minor in consumption ticket can be dismissed outright based on the breath test. If the ticket cannot be dismissed, your son as a first offender could be eligible for a diversion program that will keep his criminal record clean.

Good luck.
You are so wonderfully helpful "Clincy" :cool::p
 

Jcmac

Junior Member
"Q"😬
There was no option stated for the kids to opt in or out for the breath test. Actually, one kid tried and they threatened her with a more serious charge. The ticket is written exactly as " consumtion of alcohol by a minor" code Section 23-949"
There was also a trespassing violation. technically is true because the person who invited them implied that it was their property.
 

Just Blue

Senior Member
"Q"
There was no option stated for the kids to opt in or out for the breath test. Actually, one kid tried and they threatened her with a more serious charge. The ticket is written exactly as " consumtion of alcohol by a minor" code Section 23-949"
There was also a trespassing violation. technically is true because the person who invited them implied that it was their property.
How old is your son?
 

xylene

Senior Member
If your son was an invitee where this occurred, he wasn't trespassing. :rolleyes:

You need to hire a lawyer. The police are not doing this for your son's "own good" or any of that...
 

quincy

Senior Member
"Q"
There was no option stated for the kids to opt in or out for the breath test. Actually, one kid tried and they threatened her with a more serious charge. The ticket is written exactly as " consumtion of alcohol by a minor" code Section 23-949"
There was also a trespassing violation. technically is true because the person who invited them implied that it was their property.
If the police did not ask the teens if they would submit to a breath test, but made the teens take a breath test, that is a problem. It is considered an illegal search.

Your son was ticketed for trespassing, too? The property owner did not host a party at his/her house but one of the teens claimed the homeowner's property was his? That's bad news.

Your son will want to speak to an attorney in Idaho. Your son should never have been breathalyzed in the first place without his consent. But, because Idaho Code Section 23-949 covers both consumption and possession, if there was alcohol at the party, your son appears to have been legitimately ticketed. Here is a link to the law: https://legislature.idaho.gov/idstat/Title23/T23CH9SECT23-949.htm

I am not sure what will happen with the trespassing charge but, whatever happens with either the minor in consumption ticket and the trespassing ticket, Idaho has programs for youthful first offenders. Your son might be/should be eligible for such a program.

But, again, he should have an attorney assist him, this to best ensure he does not come away from the incident with a criminal record that can cause him a great deal of difficulty in the future.

Good luck.
 
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Just Blue

Senior Member
If the police did not ask the teens if they would submit to a breath test, but made the teens take a breath test, that is a problem. It is considered an illegal search.

Your son was ticketed for trespassing, too? The property owner did not host a party at his/her house but one of the teens claimed the homeowner's property was his? That's bad news.

Your son will want to speak to an attorney in Idaho. Your son should never have been breathalyzed in the first place without his consent. Idaho Code Section 23-949 covers both consumption and possession, so if there was alcohol at the party, your son was legitimately ticketed. Here is a link to the law: https://legislature.idaho.gov/idstat/Title23/T23CH9SECT23-949.htm

I am not sure what will happen with the trespassing charge but, whatever happens with either the minor in consumption ticket and the trespassing ticket, Idaho has programs for youthful first offenders. Your son might be/should be eligible for such a program.

But, again, he should have an attorney assist him, this to best ensure he does not come away from the incident with a criminal record that can cause him a great deal of difficulty in the future.

Good luck.
I agree...But I do think the age of her "child" is relevant as well. If Jr. is 20 and a DD...That may have a bearing in this situation. If Jr is 15 that may as well...
 

quincy

Senior Member
I agree...But I do think the age of her "child" is relevant as well. If Jr. is 20 and a DD...That may have a bearing in this situation. If Jr is 15 that may as well...
As long as the son is under 21, it shouldn't make a difference in the alcohol charge. It would still be minor in possession or consumption charge and the son would still be eligible, as a first offender, for a diversion program.

I am not sure about the trespassing charge but, as xylene noted, if the son was invited to the property believing it belonged to the one hosting the party, he might find that this charge against him can be dismissed.

But he really should have an attorney in Idaho handle this for him. A misdemeanor record can seriously affect his future.
 

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