Blew 0.00, never admitted - still got underage consumption ticket

[mikeyjb]

What is the name of your state (only U.S. law)?
Utah

I am 19 years old.

The other night I was with a group of friends camping near Delta, UT. Many of my friends were drinking, but some (including me) were not. I was sitting around the campfire and noticed that someone had placed a plastic water bottle with a very small amount of what appeared to be fruit punch in it, pretty close to the fire. I picked it up because I was afraid it would melt and started walking to the other side of the camp to put it back in a cooler. A friend was walking with me and wanted to show me all the beers he needed to finish for the weekend. Right as I walked up to the cooler, a few police officers came out of nowhere and said the usual "Hey boys, been drinking tonight?" "You two (pointing at two other kids), come here" They came over and he asked if any of us had been drinking. The two said they had just had a sip, the friend I was walking with to the cooler said he had a few beers, and I didn't say anything because I was really nervous (I get just as nervous when I get pulled over for a simple traffic violation, police are really intimidating to me). He asked what was in the water bottle I was holding and I said I thought it was fruit punch but it could be a mixed drink. He had us sit down and then got all our information. He tested the bottle I was holding and it showed up positive for alcohol. He then breathalyzed us all, I blew 0.00, the two kids who said they had just a sip blew 0.00, and my other friend who had been drinking alot blew much higher and obviously ended up getting a ticket. To make a long story short, the two kids who said they just had sips got warnings, and I got a ticket because I had the bottle in my hand, even though I blew 0.00 and wasn't drinking. If I would have known you can get tickets for just holding it I would have let it melt in the fire! I got an underage ticket when I was 16 and haven't touched the stuff since! I got a ticket for "underage consumption of alcohol" even though I blew 0.00 and didn't consume a thing. Is there anything I can do to fight this?

 

[justalayman]

32A-12-209. Unlawful purchase, possession, consumption by minors -- Measurable amounts in
body.
(1) Unless specifically authorized by this title, it is unlawful for a minor to:
(a) purchase an alcoholic beverage or product;
(b) attempt to purchase an alcoholic beverage or product;
(c) solicit another person to purchase an alcoholic beverage or product;
(d) possess an alcoholic beverage or product;
(e) consume an alcoholic beverage or product; or
(f) have measurable blood, breath, or urine alcohol concentration in the minor's body.

It would appear you would be guilty of 32A-12-209(d) but not 32A-12-209(e). Did they write the statute number on the citation or simply "underage consumption" or something else.

 

[mikeyjb]

On the ticket they wrote "underage consumption of alcohol" and then 32A-12-209 (1). The (1) may be under "Class" and not Code #. I didn't consume any and the breathalyzer showed that. Do you think that there is a chance to fight this at all? Maybe even get the charges reduced at all?

 

[justalayman]

since they were not specific with the statute they have included both violations essentially), depending on what the officers report says or any notes the officer might have made, it might be arguable. If the officer wrote the he found you with a bottle in hand, you will likely lose. If he never recorded that you were found with a bottle in hand, that, along with the 0.00 BAC, you might be able to sneak out of it.

 

[Dave1952]

Unfortunately the breathalyzer did not show that you were not drinking. It showed that there was not a measurable amount of alcohol on your breath. As you noted, others who had taken a sip also registered a 0.0 BAC on the breathalyzer.
Your testimony and that of any witnesses might convince the judge that you were not drinking unless the cop testifies that he saw you drinking.

Good luck