Minor in Consumption, blew .009 while on ANTABUSE but didnt use alcohol

[cj11119]

Texas


Hi, I'm a 17 year old male and was just charged with a minor in consumption (of alcohol)

Long story short, I have been through many rehab centers for drugs and alcohol and have finally decided that the little ambition that I had for my future wasn't going to go away and I needed to stop abusing drugs/alcohol.

After a recommendation from a psychiatrist, I voluntarily requested to be put on Antabuse - a prescription medicine that makes you violently ill if you have any alcohol in your system...it increases the alcohol blood content in your blood immensely.

So tonight I went to this party with some friends, and I was going to be designated driver. I had cough syrup because I had a cough before I left for the party. The medication specifically states that I shouldn't have cough syrup or cologne or any thing that contains alcohol. I figured it wouldn't be a big deal. I did not have anything to drink.

Well the party got busted about 10 minutes after I got there and I was instructed to blow into the officers hand. He smelt alcohol so he made me do a breathalyzer without a field sobriety test. I blew a .009 (thats right, TWO zeros followed by a 9) and wrote me a ticket and gave warnings to people who were obviously inebriated. also, I was not driving so it wasnt a dui.

What are my chances of fighting this in court? I am charged with a minor in consumption but I am 17 so I am an adult in the state. Do you have any idea what steps I will need to take or how it will play out? Do you think I will need to hire a lawyer or can I defend it adequately myself? I have a clean record with no prior citations for drugs or alcohol and I really don't want this being on my record because it will hinder college scholarships.

thanks.

 

[CdwJava]

So tonight I went to this party with some friends, and I was going to be designated driver. I had cough syrup because I had a cough before I left for the party. The medication specifically states that I shouldn't have cough syrup or cologne or any thing that contains alcohol. I figured it wouldn't be a big deal. I did not have anything to drink.

Which cough syrup? Most of them have zero alcohol.

And how long before you were tested had you consumed the cough medicine?

Understand that there is a metabolism rate with the alcohol and with the disulfiram (Antabuse) that you consumed.

Well the party got busted about 10 minutes after I got there and I was instructed to blow into the officers hand. He smelt alcohol so he made me do a breathalyzer without a field sobriety test. I blew a .009 (thats right, TWO zeros followed by a 9) and wrote me a ticket and gave warnings to people who were obviously inebriated. also, I was not driving so it wasnt a dui.

I doubt the officer believed your tale. You are free to argue this in court, however.

The best bet will be to at least consult an attorney as there may be ramifications you are unaware of (perhaps a license suspension). You had better have some proof of both the prescription and the cough syrup consumption. I know I wouldn't believe that story if you gave it to me in the field.

 

[cj11119]

It was "nyquil cough"
I consumed it right before I left my house and it was a ten minute drive.


About your second comment, I did show him a wallet card that I am supposed to carry that states that im on antabuse and it did have my full name printed on it.

Thats discouraging to hear, as I did not drink at all. I have never done this before. What should I expect? I am not very optimistic about this because it does seem so far fetched, but I do have a valid prescription and a bottle of the cough syrup that states it does contain alcohol. If I plead not guilty and the judge doesn't believe my case will I still be applicable for any deferred programs?

One last question, I understand texas is a no tolerance law but I did read on the internet that they dont charge you unless you blow a .01 to allow for errors. Is this correct and can I use that as well for my case?

 

[CdwJava]

Blowing under .01 tends to go in your favor, but I am not from your state so I cannot say with any certainty how that is viewed. Different jurisdictions may look at it differently.

You might want to consider NOT taking Nyquil or any other medication that might have alcohol while you are on disulfiram as that tends to have a synergistic effect on the alcohol for a very short period of time ... perhaps you have been taking it intentionally so as to get the buzz?

As a friend of Bill W. myself, I avoid cough syrup or anything with alcohol in it because of that reason. If you are serious about avoiding alcohol, then you need to also avoid consuming alcohol cough medication.

 

[ElvinMelvin]

About your second comment, I did show him a wallet card that I am supposed to carry that states that im on antabuse and it did have my full name printed on it.

'Cuz Carl didn't beat me to it:

The card is meaningless. So you have a card. So what? Doesn't mean you took it. Doesn't mean that, even if you did take it, it is having the desired effect.

I can have a card saying I'm Superman; doesn't mean I can fly.

 

[CdwJava]

heh ... if someone handed me such a card I'd shrug, make a note of it, and then move on. Because, as you said ElvinMelvin, it means nothing in the field evaluation for precisely the points you mentioned.