23136 a vc

[do_OP]

What is the name of your state (only U.S. law)? CA
i am 18 years old and i just got a 23136 a vc which is a underage driving citation. the thing is that i had drinkin only 1 beer 6 hours prior but i am sick and drank more then 3/4 of a bottle of nyquil that day. my BAC was .027. the officer did not take me to the station and let me drive home after. my first question is what are the chances of fighting this and my second question is if driving while on medication like nyquil still a dui?



thanks to all who respond!

 

[FlyingRon]

What makes you think abusing an alcohol containing over the counter drug is any mitigation to the beer you drank as well? Do you know that taking excessive amounts of Nyquil are quite dangerous? Long before you get substantially buzzed on Nyquil (it's only about 10% alcohol) you will sustain serious liver damage from the acetaminophen.

 

[do_OP]

the alcohol from the beer should've been out of my system by the time i was pulled over leaving only the alcohol from the nyquil

 

[Zigner]

the alcohol from the beer should've been out of my system by the time i was pulled over leaving only the alcohol from the nyquil

...which you're not allowed to have in your system while driving. Get it?

 

[I_Got_Banned]

How often do you think the judge has heard the "Nyquil" excuse...

Either way, with a BAC of .027, you're still guilty of 23136(a):

23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.​

 

[CdwJava]

What is the name of your state (only U.S. law)? CA
i am 18 years old and i just got a 23136 a vc which is a underage driving citation. the thing is that i had drinkin only 1 beer 6 hours prior but i am sick and drank more then 3/4 of a bottle of nyquil that day. my BAC was .027. the officer did not take me to the station and let me drive home after. my first question is what are the chances of fighting this and my second question is if driving while on medication like nyquil still a dui?



thanks to all who respond!

Question: 3/4 bottle of what SIZE of Nyquil? There is a reason I ask.

The only real chance of you fighting this is to defeat the reasonable suspicion for the stop. After that, ANY test of .01 or greater means you are guilty.

Of course, if you have a lot of money sitting around, you might always try to challenge the accuracy of the handheld device, but that would be a heck of an expensive long shot.