What will happen if my daughter was charged with underage consumption even though she blew a .00?

UPDATED: Jan 29, 2014

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What will happen if my daughter was charged with underage consumption even though she blew a .00?

She was in a car with 2 friends that were bringing home a drunk underaged friend. None of the other people were drinking (all under 21) and she submitted to a breathalyzer. My daughter was charge with underage consumption. I’m shocked since she wasn’t drinking and she blew a .00. There was no alcohol in the vehicle either. Will this be thrown out when we go to court?

Asked on January 29, 2014 under Criminal Law, Ohio


Stan Helinski / McKinley Law Group

Answered 8 years ago | Contributor

Sure, if she performed a field sobriety test and there were other observations that the state intends to prove impairment.  Obviously, when you admit the breathylzer results, she will be found not guilty--but, if the state is bringing charges, you're going to hear all sorts of BS as to why they charged her.  Then, when the case is complete, and she is acquitted, you should sue the town and the officer.  

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