Legal Question in Criminal Law in Minnesota

19 yr old blew .06 plus small amout of marijuana

Son is 19 and was pulled over (stop sign violation) blew .06 but also had approx. .5 gr pot and open bottle. Does he get DUI? Or minor drinking violation? Does he go to court or will just be fines? Can I contact county to find out what he is being charged with? Does he really need lawyer since these seem to be petty misdemeanor charges? We are unsure what to do since this has never happened to us before.


Asked on 4/14/08, 10:07 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: 19 yr old blew .06 plus small amout of marijuana

The real penalty is the hit to his public, criminal record. The best outcome should result from retaining a good criminal defense lawyer, with experience in solving these kinds of problems. I could write a book here, but instead I offer a free, one-hour office consult. Call if you'd like to meet.

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Answered on 4/14/08, 7:03 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 19 yr old blew .06 plus small amout of marijuana

At a minimum, he would be charged with an underage drink and drive. it is set forth in Minn. Stat. Sex 169A.33 which states: �It is a crime for a person under the age of 21 years to drive, operate or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person�s body.�

He could also be charged with a DWI if his driving conduct was affected by his alcohol consumption, but it is much less likely.

The underage drink and drive is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine. He would also likely receive misdemeanor citation for the marijuna possession.

On the civil side, the State would revoke his driving privileges for a period of not less than 180 days.

He would be wise to hire counsel. A conviction on any of the offenses can significantly affect a person's ability to find employment or even to rent an apratment in the future.

For a consultation call 612.240.8005.

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Answered on 4/14/08, 12:14 pm


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