Measurable Amount of Alcohol with No Measurement

My question involves criminal law for the state of: Utah

My son was at a party in which alcohol was being served, he is 20, and there were adults at the party. The police entered the home saying they got a complaint from the neighbors about the noise, at the time my son was playing a video game and didn't have any alcohol in reach. He was given a ticket for having a measurable amount of alcohol in his system even though the police never gave a breathalyzer test, never conducted a sobriety test, never asked for a blood test, even though my son asked them to test him (he has witnesses) The officer claims he smelled something on his breath.

For a measurable amount of alcohol do they have to take a measurement? Can the state get a conviction only on the officers testimony that he might have smelled alcohol, is that the legal definition of measurable amount?

Is he charged under this statute?

Quote:

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Quoting Utah Code, Sec. 32A-12-209. Unlawful purchase, possession, consumption by minors -- Measurable amounts in body.

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(1) Unless specifically authorized by this title, it is unlawful for any minor to:

(a) purchase any alcoholic beverage or product;

(b) attempt to purchase any alcoholic beverage or product;

(c) solicit another person to purchase any alcoholic beverage or product;

(d) possess any alcoholic beverage or product;

(e) consume any alcoholic beverage or product; or

(f) have measurable blood, breath, or urine alcohol concentration in the minor's body.

(2) It is unlawful for the purpose of purchasing or otherwise obtaining an alcoholic beverage or product for a minor for:

(a) any minor to misrepresent the minor's age; or

(b) any other person to misrepresent the age of a minor.

(3) It is unlawful for a minor to possess or consume any alcoholic beverage while riding in a limousine or chartered bus.

(4) When a minor who is at least 18 years old, but younger than 21 years old, is found by a court to have violated this section:

(a) if the violation is the minor's first violation of this section, the court may suspend the minor's driving privileges; or

(b) if the violation is the minor's second or subsequent violation of this section, the court shall suspend the minor's driving privileges.

(5) When a minor who is at least 13 years old, but younger than 18 years old, is found by the court to have violated this section, the provisions regarding suspension of the driver's license under Section 78A-6-606 apply to the violation.

(6) When the court issues an order suspending a person's driving privileges for a violation of this section, the Driver License Division shall suspend the person's license under Section 53-3-219.

(7) When the Department of Public Safety receives the arrest or conviction record of a person for a driving offense committed while the person's license is suspended pursuant to this section, the department shall extend the suspension for an additional like period of time.

(8) This section does not apply to a minor's consumption of an alcoholic beverage or product in accordance with this title:

(a) for medicinal purposes if the alcoholic beverage or product is furnished by:

(i) the parent or guardian of the minor; or

(ii) the minor's physician or dentist; or

(b) as part of a church's or religious organization's religious services.

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It seems possible that the officer is relying upon subsection 1(e), based upon the odor of alcohol.

The minor in possession/consumption law in similar in Washington. In that it's the odor on the breath of the minor that gives the pc to write the summons. It's also similar in that parents can get their kids legal tanked up here?

But the curious thing could be the wording of the summons itself. And you'll want a lawyer to look at that because, well, alcohol and alcoholic beverage have different meanings considering that alcohol is odorless.

This is why getting a lawyer is a great idea. They're trained in noticing such things. =^_^=

Also, it's interesting to note that he only have a measurable amount in his system, but there's nothing in the statute which itself requires it to be measured. So, I suspect there are administrative rules which in play here somewhere, or something similar. Lawyers can also help you with that.