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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.

26 thru 30 of 40 comments
On 03/10/03
S from Othe said:
What if parents don't have any control over their children?
On 02/04/03
Andrew from AR said:
hey man, the same thing happened to me, only it wasnt my car.I was there, the alchohol was there,it wasnt mine, and i had drank nothing, and i got a minor in possession tocket, and had to see the juvenile intake officer earlier today.I found this site because she toldme to look up the statutes on the charge. i shouldv'e just told them i didnt know it was in the trunk,a dn i would've got off the hook.
On 01/29/03
blake from IA said:
On new years eve we were pulled over and the police found two empty cans in the car and a full case of beer. All six of us in the car got open container and possesion. We had a sober driver even and they still gave us all tickets. I diserve the posesion but the open container is wrong. The cops made us empty out all of our beer on the ground then tried to give us the empty cans and we told them we didn't want them because thats what they just gave us open containers for. So how could it be an open containor if they were going to give us twenty four more of them. I think they are just trying to
On 01/29/03
Kim from WA said:
I agree - the law needs to back off and let parents make decisions for their kids!!!
On 01/06/03
Stuart from OR said:
First of I never drink and drive, and use common sense on when I drink. A law that could get you in trouble for consuming alchohol in you're own home, on you're property, often with consent of you're parents, is wrong. Drinking and driving is wrong. If you have a drinking problem you should get help. But what right does anyone have to tell you that you cant drink with you're friends in you're own home? Its ridiculous.
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