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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.

Comments
16 thru 20 of 40 comments
On 01/23/04
Fabian from TX said:
we shuoldn't be given any more rights, I beleive your probably one of those people who doesn't have to much fun. You probably just sit at home wondering what all the other kids are doing. No one is saying they don't understand these laws, most are just saying that these laws are unfair.
On 01/23/04
Michelle from TX said:
Alright, you argue about possession? Why do you even have it in your hands?
On 12/16/03
heather from MI said:
that is bull you cant get busted just like that. If you are at a party and under age but not drinking or possessing an alcoholic beverage you will not be in trouble. I know that for a fact cuz it happened to me and i was not in any trouble with the 5-0
On 11/24/03
Kait from IA said:
I was wondering what exactly is the law called that states even if you are at a party and not drinking you can still be charged for possession or whatever it is?
On 11/19/03
Gustaf from PR said:
man the laws in USA is totally wrecked. why cant you even hold a beer without getting arrested? I mean its pretty dumb to think that everyone that sitts in a car is doing underage driving. This sort of country is not the one that i would like to live in. If i wanted an controll society i would move to... well i cant come up with another country that is this pikky with things. But what can you expect from a country that has to rule over all others. Its not that strange that they then whant to have strick military controll over their own country. I somewere heard that USA was "the land of the fr
16 thru 20 of 40 comments


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