Legal Question in DUI Law in Utah

im 17 and i recieved an alcohol ticket the other night. we were not driving i was at a party. the cop breathalyzed a freind and my freind test positive blowing a .05. the cop then asked me if i had been drinking, and i said no sir. he then breathalyzed me and said, "why you lying to me" and i was silent and didnt say a single word. the cop never told me if i blew anything and i never admitted to it i didnt say a word the whole time. when i recieved my ticket that BAC box was blank and didnt list what i blew. can i fight this? and possibly get it dropped?


Asked on 1/06/11, 9:19 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

You should fight it if there is no evidence to prove that you had been drinking. Keep in mind that as a minor, there is no requirement that you blow the legal limit of .08. If a test determines that you have ANY alcohol in your system, you will be cited for underage drinking which will also affect you having a driver's license.

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Answered on 1/12/11, 8:09 pm


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