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.