Can I get charged if I was at a party and blew a .67 but was not given a ticket? - Criminal Law Questions and Answers- LawQA.com

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Can I get charged if I was at a party and blew a .67 but was not given a ticket?

I am 18 years old. I was at a very small party and everyone pretty much shut up and behaved when the cops showed up. Everyone was honest. I blew a .67 and gave my address, name and phone number. I was NOT given a ticket, nor told I was being charged with anything the only thing the cop said when I inquired as to consequences was, "An attorney will contact you and offer for you to take alcohol classes. If you take these classes, this will not go on your record." Sober now, his statement makes me wonder. I am an adult, wouldn't a criminal record be a criminal record whether I took classes or not? I am just wondering if he was only trying to scare us or if I'm going to get contacted.

Edward  D. Dowling IV Attorney at Law
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This response is general information only and does not establish an attorney client relationship. However since you are under 21 you are under the legal drinking age. However since you are not 20 you should qualify for Youthful Offender treatment which would mean generally that if charged and convicted the conviction will be vacated. You probably will be contacted about taking a course and if you do you should have an attorney look over any docujment theywant you to sign and to confirm that you will not have arecord.

Answer Applies to: New York
Replied: 7/5/2011

Answer By Thomas J. Tomko
Thomas J. Tomko Attorney At law
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Thank you for your inquiry. I do not know a living person who blew a .67. This would be a level associated with death. A result could be .067, which is dramatically different. If you mean .067, then you could be charged, at least in Michigan. Due process requires notice and an opportunity to be heard. If you are not charged with a ticket or at an arraignment, then there is no notice. Therefore, there is no case. If the police were talking about some other way to prevent charges from being filed, then that is a different matter. I hope that this was helpful.

Answer Applies to: Michigan
Replied: 7/2/2011

Answer By Terry Nelson
Nelson & Lawless
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Yes you could be charged, however, no mortal human can have a .67 blood alcohol and still be alive to blow a score. You had a .067, which is just under the legal driving limit. As a minor you can be charged with MIP, and other related crimes. Youll learn the actual charge[s], if any, filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. If that happens, and if serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

Answer Applies to: California
Replied: 6/30/2011

Law Office of Brendan M. Kelly
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They will have to personally serve you with the ticket since they did not do so at the scene.

Answer Applies to: Nebraska
Replied: 6/30/2011

Law Office of Eric Sterkenburg
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If you blew a 0.67 you are dead.

Answer Applies to: California
Replied: 6/30/2011

Answer By John Carney
Law Offices of John Carney
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You blew a .067, not a .67 (you would have been in a coma) and the legal limit is .08 for adults. If you did not get arrested for public intoxication or get a summons then you probably will not get into trouble or be charged this long after the event, but if the officer is going to have someone contact you about "taking classes" you should call an attorney to see if you should comply.

Answer Applies to: New York
Replied: 6/29/2011

Answer By Kulvinder Singh
Singh Law Office
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You can get a "drunk in public" ticket.

Answer Applies to: California
Replied: 6/29/2011

The Law Office of Harry E. Hudson, Jr.
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Cannot tell for certain but it appears there my be evidence suppression issues here. You should see an attorney of your own. Do not say anything else to any cop or other person with a badge.

Answer Applies to: California
Replied: 6/29/2011

Jonathan S. Willett Attorney at Law
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As an eighteen year old, you can be charged for minor in possession of alcohol. If you complied with their request, it sounds as if you could avoid any record since they will "defer prosecution" on you.

Answer Applies to: Colorado
Replied: 6/29/2011

Law Offices of Christopher Jackson
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What county did this occur in? You should have rec'd a citation at least if you were charged.

Answer Applies to: Kentucky
Replied: 6/29/2011

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