by Old Shoe Woman

Question by ashlynn: Underage for blowing a .01?
I had just gotten to a small campfire party and a cop came about an hour later. My friends who were drinking ran…we were in a gravel pit…i, thinking I wouldnt get in any trouble or an underage, stayed an followed directions. We were all asked for our id’s and then stood in line for breathalyzers. When it came time for mine, I blew a .01…i couldnt believe it! I cant say that i dont drink, but i had never gotten caught before. If i was going to get an underage, i wanted it to be when i was actually drunk.

So, my questions are:
1. Is it worth fighting in court, do i have a shot at winning?

2. What is a good reason that alcohol showed up in my blood?
I told the cop i had taken cough medicine, dayquil and i have throat spray because my tonsils are being removed soon and they are always sore. I just want to know if that really caused results on a breathalyzer?
I am actually 19 years old and yes this is my first time ever getting in trouble for this. Mostly all of my friends have gotten underages and in my county in Wisconsin, you first underage is a $ 180 fine, you lose your license for 30 days (which really bites) and it goes on record. I just really dont want this and thank you for your advice so far. I know i am going to fight this…how much of the medicines I listed do u need to have in your system for it to show up? the cop said that i must have been drinking cuz u need to take a lot of it before it shows up…i say thats bs!!

Best answer:

Answer by kerrbear
If the medication had alcohol in it, it would detect a small amount.

Answer by Caitlin
It is definitely worth fighting. Is this your first MIP? (Minor in Possession) If it is, even if you do NOT fight it in court, there isn’t much that will happen to you. In Washington State, your first MIP is simply a $ 35 dollar fine and an 8 hour “Drug Awareness” class if you are over 18. If under 18, you would also lose your license for 6 months. But all in all, Yes. A 01. is definitely worth fighting. Mouth wash, NyQuil, Dayquil or anything with alcohol in it could definitely show up in your system as alcohol. I would talk to a lawyer if you can afford it, or a public defender can also be appointed for you for free by the court upon your request. I wouldn’t just let it go and take the punishment. At least talk to someone, I believe there is a great chance that you will be able to get out of this one. Good luck! 🙂

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