Legal Question in DUI Law in Minnesota

Drink and Drive under 21

I was recently arrested for drink and drive under 21. I admitted to having one beer a few hours before I began driving home. When i was pulled over i was asked to take a breath test. I was not given the specific results, however the officer said i had ''trace elements'' of alchohol in my system. My arm was then forcefully grabbed i and i was put in the suadcar, i was not read my miranda rights. Basically i was wondering what is going to happen to me.

thanks


Asked on 6/03/02, 9:53 pm

2 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Drink and Drive under 21

You should have been charged with underage drinking, formally known as "illegally consuming alcohol." This is a misdemeanor punishable by 90 days or $1000 or both. Also for the first offense you get your license suspended for 30 days, and for second offense your license will be suspended for 180 days.

This is a serious offense and you should be represented by a lawyer. Don't go near the courthouse without one.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the lawyer of your choice concerning the details of your case.

Read more
Answered on 6/04/02, 1:49 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Drink and Drive under 21

Minnesota Statutes Section 169A.33 "Under age drinking and driving," is one of the recent, much touted "not a drop" laws. If under 21, it provides penalties for any physical evidence of alcohol in the body while driving. These penalties include a 30 day drivers license revocation (180 days if a previous, similar violation); as well as a misdemeanor criminal penalty of up to 90 days jail and-or $1000 fine.

A criminal defense lawyer can help you defend against these penalties. A significant percentage of the population has endogenous, naturally-occurring alcohol in their bodies, all their life, without drinking even "a drop." This is only one reason why these sorts of "laws of intolerance" are unjust and unfair, while providing little if any social benefit. You should retain a criminal defense lawyer for help with this. Good luck.

Read more
Answered on 6/04/02, 4:12 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Minnesota