"Not A Drop" Law in Minnesota

[17yearold]

What is the name of your state? Minnesota

I recently was stopped for loud exhaust and recieved a ticket for "Not A Drop" for underage
drinking while driving. Yes my exhaust was loud. It has been fixed now. I had a .07 on the
breathalizer. I will be turning 18 in a month when I will have to go to court. Will I be charged
as a 17 year old or 18 year old. Some people have been saying that breathalizer readings
aren't always correct. They say that if I drank shortly before driving , I was stopped 4 blocks
from where I had been drinking, that the breathalizer test may read higher than the actual amount
of alcohol in my blood. Would that make a difference in my case. I know , I did it, I was stupid!
My last question is do I need to have an attorney or public defender, or will having my parents
be with me be enough.What is the name of your state?

 

[JETX]

I had a .07 on the breathalizer. I will be turning 18 in a month when I will have to go to court. Will I be charged as a 17 year old or 18 year old.

17, as that was your age at the time of the violation.

Some people have been saying that breathalizer readings aren't always correct. They say that if I drank shortly before driving , I was stopped 4 blocks from where I had been drinking, that the breathalizer test may read higher than the actual amount of alcohol in my blood. Would that make a difference in my case.

Nope. The FACT is, you blew a BAC.... how much is not relevant to the FACT you were in violation of the law.

My last question is do I need to have an attorney or public defender, or will having my parents
be with me be enough

This is a CRIMINAL matter, not like being called to the principals office. You need a defense attorney. Get one. If your parents can't afford one, the court will appoint one.

 

[Happy Trails]

Educate your underage friends on what "Not a Drop" means.

169A.33 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.