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  1. #1
    Join Date
    Jan 2010
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    2

    Default Minor in Consumption in Indiana

    My question involves criminal law for the state of: Indiana
    My 18 year old son was at a party and was in the car (not driving) getting ready to leave. A police officer pulled up and asked the driver if he had been drinking. He said no and told the police officer they were leaving the party. The police officer said he smelled alcohol on his breath and for all of them to stay until he went to the door.
    The police officer then made all those in the car go back into the party and breathalyzed all there. My son blew a .02, the driver blew a .00. One of his friends blew less than a .01 a couple times but they let him go. Several were allowed to leave, the others including my son were taken to jail. At the jail my son blew a .004 in the same kind of machine. They charged him with minor in consumption.
    He did have 2 beers and I realize that was illegal. However, he has never been in trouble and is a great student. This may cause him to loose a substantial scholarship he already has earned and I am sure will make him ineligible for a few other local scholarships. My question is, should he plead guilty or try to get a deferral or would it be worth it to try to hire an attorney? Would there be any chance of an attorney being able to get it dropped?
    I have heard that the portable breathalyzers were not admissible, if true he never admitted to drinking. Should we try to fight it or just ask for a deferral and pay the fines ?
    Appreciate any suggestions.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Minor in Consumption in Indiana

    I recommend an attorney.

    The device used at the jail was far more accurate....
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Minor in Consumption in Indiana

    Thank you for your response.
    I thought the device at the jail would be more accurate as well but my son said it was the same kind- would that make any difference?
    Does he have to be at least .01 to be charged with consumption?
    Thanks

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Minor in Consumption in Indiana

    Quote Quoting Samcat95
    View Post
    Thank you for your response.
    I thought the device at the jail would be more accurate as well but my son said it was the same kind- would that make any difference?
    Does he have to be at least .01 to be charged with consumption?
    Thanks
    No... any amount above zero is enough.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

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