Legal Question in DUI Law in Minnesota

Minor Consumption in Minnesota

I received a Minor for Consumption in

Minnesota this past weekend. I am

20 years old and I have nothing on

my record at all. I was the passenger

in a car that had a sober driver. We

were pulled over because we had

snow on our license plate (which I

think is a bullshit excuse, it was 2am

and we looked young and we were at

St. Cloud State, one of the biggest

drinking schools... he wanted to pin

us for drinking). I had two beers the

whole night and blew a .045! Which

is nothing. I was issued a ticket for

$183. Which I think is rather harsh

for me drinking two beers all night. I

am wondering if it is worth it for me

to try and fight this? Would I be able

to plead not guilty even though I

obviously was drinking since I blew a

.045? I didn't drink much but I am

still not 21. Also if I don't fight it will

this go on my permanent record? Will

people be able to see this when I am

looking for a job? I am a good kid, I

get good grades and I am going to

school to be a doctor. I also do not go

to school in Minnesota and my court

date is set for a wednesday. Is there

any way I could get this day switched

if it is worth fighting? Thank you.


Asked on 2/23/09, 10:57 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Minor Consumption in Minnesota

Though most people don't consider minor consumption a serious crime, it would still be best to keep it off your permanent, public court record as a conviction. The best way to do that would be to hire a good criminal defense lawyer.

FFI: http://www.liberty-lawyer.com

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Answered on 3/11/09, 1:29 pm
David Kelly-952-544-6356 Kelly Law Office

Re: Minor Consumption in Minnesota

It sounds as if you would lose if your case went to trial. However, a lawyer who knows the prosecutors might be able to talk them into a CWOP (continuance without prosecution). This would involve paying some court costs and meeting some conditions, but in the end this would not be on your record - which could be a good thing.

So you could hire a lawyer and take your chances, or just pay that fine. Up to you.

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Answered on 2/24/09, 12:55 pm


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