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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.

21 thru 25 of 40 comments
On 11/16/03
Robert from NJ said:
So theoretically, you could arrest kids as they leave church if they had any of the wine at Communion. Awesome law.
On 10/20/03
Jefff from OR said:
I have a friend who was at a party. He was not drinking and he had not been drinking, nor was he holding any alcohol. The police arrived and used the pen test. He failed it because the flashlight was in his eyes, and was given an MIP. He then went to the hospital to get a blood test to prove that he had not been drinking. The blood test showed not a trace of alcohol. He payed $100 for the blood test, and now has to go to court for the MIP. What is the law about this kind of situation? I am just curious because he came to me first.
On 08/06/03
james from FL said:
Recently I have been arrested&yes not a ticket&arrested for possession of alcohol as a minor&I did not drink anything but under the law I had done something wrong&which means every time I help my dad take beer out of his car I am breaking the law&every time am underage employee of a business that sells alcohol touches that alcohol they are breaking the law&its does not have to be open&the beer I was holding was sealed&and it wasnt even mine&my friend, who was also arrested, told the officer that it was all his because he bought it&sorry I still broke the law&I was holding sealed beers&so watc
On 06/02/03
kenneth from TX said:
if you caught at a party you can be charge to even if you pass a breathalizer test its becuase your parents werent there and so you were being introduced to a ilgal substance for you age. And since your under 21 and breath showed alcohol you were still and illegal drinker
On 05/16/03
Mindy from IN said:
i think that story about having to throw your beer on the groud is BS....you should have been like "no, that's litering" should have turned it around on them....lol
21 thru 25 of 40 comments

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