Mark: Yes. There are other infractions, for instance, if a juvenile is caught with alcohol in their system that has serious consequences. The charge is not even a misdemeanor. There’s no possibility of jail time. The driver doesn’t get a jury trial, but it’s approximately $1,000 fine and it comes with an automatic one year driver’s license suspension.
The charge applies even though they were nowhere near intoxicated. If they have even .01, one-eighth of the legal limit in their system, of alcohol, then they’re looking at that one year driver’s license suspension.
Interviewer: This applies if they’re driving after drinking?
Mark: If they were driving a motor vehicle and they had any alcohol in their system. So, for instance, if you’re 20 years old and you had a drink and you ended up getting pulled over for something else, and the officers smell alcohol on your breath. The officers ask if they can give you a Breathalyzer.
You don’t have a whole lot of choice, quite frankly. The officers have reasonable suspicion to require that you take the test. If you test positive for alcohol, you’ve got a one-year driver’s license suspension. However, I’ve represented several people in this situation that I’ve been able to help.
© 2012 by Mark J. Bigger . All rights reserved.