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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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| Comments |
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On 07/15/08
from ME said:
I was camping on the 4th of July on a public beach down the Saco River me and my buddies had been drinking, a police officer had come down onto the beach and used the excuse that it was a private beach so he could come down. He didn't see any alcohol but wrote us up for illegal possession of liquor and we had only consumption and he didn't even do a breath test to confirm that we had been drinking, he did do the pen test though but we had all just woke up because he came down and told us to get up so it was kinda hard to pass that test, what can I do about this?
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On 08/21/07
tyler from VA said:
the other night i was in the car with 3 of my pals and we got pulled ova for speeding..wen we stopped the cop made all of us get out and searched us all for weapons..afta that he searched the car and found a case...i was not driving but gettin a ride..one person in the car was drinking while i was not...he charged all of us with underage possesion of alchol..can i be found guilty..even tho i wasnt drinking and it wasnt my car??
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On 03/04/06
Robert from OH said:
Okay, last night, i had gon eot the club with my fiance and my friend, my fiance drove and she is 23, my friend is 22, and i am only 20. I had not been drinkin at all that night and my friend had left his beer outside the car hiddin in a bush infront of it so it wouldnt get stolen outa the car because it does not lock. Well once we had gotten back to the car i had mentioned his hiding beers and he asked me to grab them for him wich i did and when i did and turned around, two cops in an unmarked car popped me for possession, my friend told them it was his beer and all that.
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On 11/03/05
adam from AL said:
i was arrested in possession of alcohol. i was not drinking can i lose my licesense?
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On 05/25/04
cody from AZ said:
I was catch with weed in my possesion in my school I was arrested and was set in the principle office for about 1 hour I was searcheds
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