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

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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

Answers:

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

Answered 4 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.


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