Underage Drinking & Driving
My 18 year old daughter was parked in a parking lot at night and was questioned by a police officer. She was asked if she had been drinking and she said no except for earlier that day she had 1/2 a beer. The officer made her do a field sobriety test and then asked her to blow into a breathalyzer. The officer told my daughter that she blew a .011. She asked if she could see the breathalyzer and was told no. She was given a ticket for underage drinking & driving. The other girl she was with blew a .12 and was not given any ticket. When we went to court and talked with the prosecutor to find out what the penalties would be. They wanted to give her 90 days no driving, $500 fine, 2 years probation, classes and it would go on her driving record. Why would this be so much for someone who only blew a .011 and does not have anything on their record?
2 Answers from Attorneys
Re: Underage Drinking & Driving
Minnesota's Underage Drinking and Driving statute is sometimes called a "not a drop law." The consequences of having an alcohol-related driving offense on the drivers license record can be severe -- including expensive "high risk insurance" rates. As a result, it would be cost effective to retain a good DWI defense lawyer, like me, if the case could be resolved in way that did not involve a conviction alcohol-related drinvg offense. In addition to money saved on car insurance, it would be worthwhile to avoid the loss of license period, the fines and fees, etc. Without a good lawyer helping her, she has little chance of success against th eprosecuting attorneys.
Re: Underage Drinking & Driving
Why?
Why does the prosecutor prosecute?
You just found out that a courthouse is a dangerous place where nasty things happen. That's why you should never go within a block of one without your own lawyer.
I have a page on my web site at http://www.mn-dwi.com on the subject of why you need a lawyer even when you are guilty. Please read that before going anywhere near a courtroom again.
When you enter a courtroom without a lawyer you are pretty much a statistic. How things go depend on a number of variables, including body language, which a good lawyer could help a lot with.
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