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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.


    Comments
    31 thru 35 of 40 comments    ...  6  [ 7 ]  8    
    On 10/08/02
    thomas from CA said:
    i got caught with alcohol in my trunk. the car was parked, i knew their was alcohol inside. my friend drove my car so he obviously had the keys. i hooked up with a friend and when i come back the trunk is open and i find out they were drinking. 2 minutes later cops shows up out of nowhere and gives up tickets for "minor in possession". I did not buy the alcohol, I did not drive my car, and I did not take one sip. Why should I get in trouble?
    On 09/27/02
    Natasha from TX said:
    I think that if You are under 21 and caught drinking that is your fault. Each time you take a drink you are going to have to be aware that the law can bust you. I think that wheter or not you are drinking if you are holding something that implies that you have the intention to drink.. therefore its your fault.
    On 09/23/02
    brian from IA said:
    this is all true, but does this mean that if someone were to be bringing empty alcohol containers to the trash or recycle that they can be prosecuted with m.i.p.'s it happened to me when the police just happened to be coming to bust a party at my complex and saw me carrying an empty bottle to the trash
    On 09/23/02
    Josh from MI said:
    True the law says that if you are under 21 you cannot drink, I do not agree with a law that limits the natural right of a person unless causing harm to someone else. I just got my third MIP havent gone to court yet but i had to get a lawyer for this one. The last one i got i lost my license for 6 monnths. This is unacceptable because of the fact i have to drive 30 miles each way to school twice a week, what do they want me to do, drop out or walk, it is not right. My first MIP i recieved i was walking homme from a party, the second I was riding in a car with a sober driver, and this
    On 09/19/02
    Timothy from FL said:
    Yeah but possesion is nine tenths of the law if your holding it it is in your possesion so you shouldn't hold the alcohol if you don't want to get in trouble.
    31 thru 35 of 40 comments    ...  6  [ 7 ]  8    



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