Legal Question in Criminal Law in Tennessee

Alcohol Consumption

Someone told me that in order to be charged with underage consumption, the underaged person in question would have to have alcohol somewhere on their person. Say the police were to come into a house where people had been drinking underage, but in which there was no alcohol. Would the police be able to do anything to the people in question to prove they had consumed alcohol underage? Like give them a breathalyser test?


Asked on 12/24/07, 1:14 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Alcohol Consumption

Police can REQUEST a breath test, but they can not require than a person, even a minor, take the test.

The problem police can have in proving the charge of underage consumption is establishing WHERE it happened. If the prosecution (police) can't establish beyond a reasonable doubt that the alcohol was consumed in the county where the charge is brought, AND the accused has a defense attorney pressing the issue, the charge should be dismissed, even if there is no question at all about the accused's age and no question that the accused consumed alcohol.

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Answered on 12/30/07, 3:12 pm


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