Mic

[yvolictra]

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

Is a breathalyzer required to issue a MIC? My daughter was issued a MIC when she was in the presence of beer at a bowling alley. She told the officer she wasn't drinking, but he gave her the citation anyway without administering a breathalyzer. Can she fight it?

 

[Zigner]

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

Is a breathalyzer required to issue a MIC? My daughter was issued a MIC when she was in the presence of beer at a bowling alley. She told the officer she wasn't drinking, but he gave her the citation anyway without administering a breathalyzer. Can she fight it?

Funny, even YOU don't say she wasn't drinking...I hate word-games.

 

[FlyingRon]

Did she get charged with 106.04 or .05? .04 requires consumption (which the officer may have other non-breathalizer evidence she had drunk: smell on breath, signs of intoxication). .05 only requires it to be in her possession.
The penalties are in fact the same and people misuse the terms all the time.

 

[CdwJava]

No breath test is required.

If charged for possession, she is guilty if she had the ability to exercise dominion and control over the beer. Did an adult of 21 years or more claim the beer? Or was she one of a number of minors that when asked whose beer it was, replied, "I dunno ..."

So, is she also facing penalties at home?

 

[yvolictra]

She was one of two minors in a group of many that were of drinking age. Yes, she is facing penalties at home.

 

[The Occultist]

Many jurisdictions will not even accept a breathalyser to be sole proof of intoxication. The fact is that the state will accept the police offer's expert witness testimony as evidence of whether or not the suspect was intoxicated.

 

[FlyingRon]

Many jurisdictions will not even accept a breathalyser to be sole proof of intoxication. The fact is that the state will accept the police offer's expert witness testimony as evidence of whether or not the suspect was intoxicated.

There's no need to show intoxication, just consumption for .04 or possession for .05.
Of course, intoxication pretty much implies consumption.

 

[The Occultist]

There's no need to show intoxication, just consumption for .04 or possession for .05.
Of course, intoxication pretty much implies consumption.

Haha fair enough!