What Proof Must Be Provided to Charge a Minor with Being Under the Influence

[Carl Schachel]

My question involves criminal law for the state of: Arizona
Can a minor be charged with being under the influence of alcohol without the state having any proof ie. blood alcohol test, breathalyzer, etc., when the citing officer did not visually observe the minor with and alcoholic beverage? Also can an officer issue a citation without the person being made aware of it ? For example , if the minors we're on private property, and and officer issues a citation, and never informs the person that they are being cited .

[Mr. Knowitall]

You're playing hide-the-ball with the facts.

If you are a minor who was caught by the police acting drunk and smelling of alcohol, and admitted to the officer that you had consumed alcohol, the officer would have no difficulty establishing that you were a minor who had unlawfully consumed alcohol. The rest depends on the exact charge and the facts.

If you were cited such that you are asking this question, you know that you were cited. If you're asking if a citation can be issued after the date of the incident, yes.

[flyingron]

Note that the Arizona statute for minor has nothing to do with "BEING UNDER THE INFLUENCE." It is illegal to possess or consume alcohol without exception. It's also illegal to have "spiritous liquor" in your body. The standards of proof, therefore, are pretty minimal and include all what Mr. K listed above and more.