Can a minor be charged with Minor in Possession with no alcohol in the vehicle and measuring

UPDATED: Sep 30, 2022

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Can a minor be charged with Minor in Possession with no alcohol in the vehicle and measuring

Minors were pulled over and breathalyzed. The car was searched and there was no alcohol in the vehicle. They were breathalyzed, even though one requested that his parents be called first. Two had measurable BAC, my son had what the officer referred to as

Asked on November 16, 2016 under Criminal Law, Montana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Most states have what is known as a "zero tolernce" policy when it comes to minors who are in possesssion or who have consumed alchohol. This means that even "trace" amounts will put them in violation of the law. Additionally, violators who are 18 years of age or older face harsher penalties than those younger than 18. At this point, you can consult directly with a local DUI attorney; they can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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