Minor in possession of alcohol
My daughter, age 20, was at a party where there was alcohol. She was not drinking when the police arrived. The checked ID,s and breathalyzed everyone under 21. She blew 0.03. Is it legal to check everyone in the room and breathalyze all minors? Thanks
Asked on 5/03/09, 2:37 pm
1 Answer from Attorneys
Douglas Schwab
Law Office of Douglas A. Schwab
Re: Minor in possession of alcohol
It would depend on how the police gained access to the party and whether your daughter consented, among other things. She is considered an adult after age 18. The State can rely on officer observations regarding an odor of alcohol from the breath. The State would certainly use any statements or admissions made by your daughter.
Answered on 5/03/09, 6:49 pm
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