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Speak Up! - View Question #543 |
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Question: I was arrested for underage possesion. At the time of arrest I was not intoxicated, though there were many people at the party that were. We were all taken to the local jail and held for the remainder of the morning. When I blew into the BAC tester, my results were a .014 BAC. That is incredibly low, but yet I am still being charged with underage possession. How? I was not drunk?
Answer: Arizona Law makes it illegal for anyone under the legal drinking age of 21 years to 'possess or consume spirituous liquor'. (A.R.S. § 4-244(9)). The statute does not only apply if you are intoxicated. It applies if you have consumed any alcohol, which was proven by your breath test reading.
The law does not require that you drink any alcohol either...just that you have it in your possession. If the police see you holding an unopened beer, they can prosecute you under this law.
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On 05/09/04
chris from GA said:
The other night I got a ticket for in possesion/and consumption of alcohol. I was real respectful to the cops, and they seemed to appreciate that. What should I expect when I go to court?
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On 05/08/04
steven from MS said:
Umm POSSESSION. not INTOXICATION. u dont have to be "high" or drunk to be in possession. u just have to have it on ur person or in your vehicle
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On 04/13/04
Matt from KS said:
If you were riding in a truck and had alcohol in the bed Can they give you a MIP. Does it matter if you said the alcohol was yours. They didn't give a Breathe test or nothing.
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On 04/08/04
Bill from VA said:
caleb from AL said:
i was arrested in nov in georgia and had to pay a fine and go to classes but i didnt have to go to court. i just got another one last fri so that was only 4 months ago but this time it was in alabama. Do you think they will know bout the one in georgia and will i be ok without a lawyer???
Caleb, You're a minor. Its illegal for you to even touch a beer bottle, but you do it anyway. They ( the legal system) lets you off light the first time, but you go and do it again. Do you want to really find out about jail / prison?
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On 03/09/04
caleb from AL said:
i was arrested in nov in georgia and had to pay a fine and go to classes but i didnt have to go to court. i just got another one last fri so that was only 4 months ago but this time it was in alabama. Do you think they will know bout the one in georgia and will i be ok without a lawyer???
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