QUESTION
Can my son be arrested for minor in consumption of alcohol if he was never tested?
Asked on Nov 07th, 2011 on Criminal Law - Texas
More details to this question:
My son was arrested for minor consumption of alcohol, but was never tested for alcohol. Will the charges hold up in court with no evidence that he has consumed alcohol?
2 ANSWERS
Assault Attorney serving Richardson, TX
2 Awards
The answer depends on what happened to convince the officer that your son had consumed alcohol. The test is a zero tolerance one, so any amount is enough. If your son admitted to having been drinking the court can find him guilty.
Answered on Nov 07th, 2011 at 6:57 PM
3 Awards
Yes, if they saw it, he admitted it or smelled of it. It will be hard to prove he consumed in Court, but then again this is a small case and will cost you to fight it that hard.
Answered on Nov 07th, 2011 at 3:46 PM