What are my options regarding an underage drinking and driving citation?

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What are my options regarding an underage drinking and driving citation?

I am 20 years old. I went out to dinner and a movie the other nightwith a friend who is of legal drinking age. I had 2 drinks at dinner and no drinks at the movie. I was driving us home when I was pulled over for speeding (7 miles over the limit ). I was breath tested and had a BAL .025. I walked in a straight line, balanced on one foot, counted, and passed the eye test with ease. However, under the “not a drop” law in in my state, anything over .02 is too much for an underage person. I think this charge is harsh given my situation. I do not want this to be on my record. What are my options moving forward from here?

Asked on April 15, 2012 under Criminal Law, Minnesota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have not received any other violation or conviction,check with your attorney about alternate conviction options available in your state. This may be your best option. Consider this a lucky law because in most states, it is zero tolerance. Try offering to do community service for a delayed conviction. Then if you meet all of the qualifications, see if your state allows expungement of records or sealing of records.


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