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Minor Caught Drinking in Kentucky, First Offense

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  • 03-14-2013, 11:17 PM
    ChiefKeef
    Minor Caught Drinking in Kentucky, First Offense
    My question involves criminal law for the state of: Kentucky

    I went to a party last saturday and around 1AM cops came to the house and just pushed through the door?! As far as I know they don't have the authority to do that without a warrant. Anyways they lined us up single file and wrote down our names and made us take a breathalyzer. I ended up blowing a 3.2 (haha) which is pretty high (I have a pretty high tolerance lol), but will that affect how the judge looks at my case? I've never been cited for alcohol possession so I'm sure that will help me out. What should I expect at the court date and what punishments (if any) should I expect?
  • 03-14-2013, 11:31 PM
    Mr. Knowitall
    Re: Minor in Kentucky, First Offense
    Quote:

    Quoting ChiefKeef
    View Post
    I went to a party last saturday and around 1AM cops came to the house and just pushed through the door?! As far as I know they don't have the authority to do that without a warrant.

    You haven't shared the relevant facts, but it sounds like you're pretty much out of luck as (a) it was not your house and (b) the police will investigate out-of-control parties where minors are getting dangerously intoxicated. If you want more of an analysis, share more facts.
    Quote:

    Quoting ChiefKeef
    Anyways they lined us up single file and wrote down our names and made us take a breathalyzer. I ended up blowing a 3.2 (haha) which is pretty high (I have a pretty high tolerance lol)

    You did not blow a 3.2. Nobody's tolerance is that high. You probably mean that you blew a .32. If you are walking and talking with a .32 BAC, it's suggestive of a serious alcohol problem. A normal person is in a state of stupor (a state of near-unconsciousness; possibly vomiting) at that BAC. In most jurisdictions, a .32 BAC would result in your being transported to the emergency room, especially given that your BAC could continue to rise if you have continued to drink and a .4 BAC is associated with coma.
    Quote:

    Quoting ChiefKeef
    ...but will that affect how the judge looks at my case?

    If I were the judge, it would. I would want you to go through a screening and assessment and, based upon the outcome, appropriate treatment for what appears to be a serious alcohol problem, and I would order that you be tested for alcohol use over the course of your probation.
    Quote:

    Quoting ChiefKeef
    I've never been cited for alcohol possession so I'm sure that will help me out. What should I expect at the court date and what punishments (if any) should I expect?

    Assuming you are over the age of 18, you can face a fine of up to $250 (plus court assessments) and up to 90 days in jail. If I were the judge I would suspend jail time pending the successful completion of probation, and hold that over you to make sure you got the help you apparently need.
  • 03-15-2013, 10:00 AM
    viol8te
    Re: Minor in Kentucky, First Offense
    If he blew a .32 and was still relatively coherent, I'm thinking this kid is looking at level III treatment and aftercare. All the lol's and haha's go out the window when you have to pay $2000 for substance abuse treatment.
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