Legal Question in DUI Law in South Dakota

Re: underage drinking citation

Although there are some federal criminal statutes, most criminal charges are based upon state statutes, which vary from state to state. In Minnesota, the legislature has adopted a criminal statute known as "Minor Consumption," which is at Minnesota Statutes � 340A.503, subd 1(a)(2). This statute makes it a crime for a person under 21 years of age to consume alcoholic beverages. It provides that it is an affirmative defense to such a charge, if the defendant (person accused) consumed the alcoholic beverage in the household of the defendant's parent of guardian and with the consent of the parent or guardian.

You didn't say, but most people naively admit to the police, when they could have kept quiet, and the police will use those admissions in court to get a conviction if they can. Chances are, then, that the prosecuting attorney will have your nephew's admission of guilt to use at trial.

However, with a criminal defense lawyer's help he still may be able avoid a conviction and drivers license suspension, and a court record of conviction and a drivers license record of underage drinking conviction. In the future when law enforcement reviews his driving record from a squad car at the roadside, if he has a clean record, they are more likely to give him the benefit of the doubt.

Minnesota Statutes �171.173 provides that if a person is convicted of underage drinking their drivers license can be suspended for that and this will go on their "driving record."

More can be said on this topic. He would be well advised to have a good criminal defense lawyer represent him, to avoid long-term repercussions.

If you have further questions, you may call me to discuss at (612) 677-8300. My web site is at www.lawyers.com/LibertyDefender