You certainly could have been charged with DUI. In Georgia, a blood alcohol level of 0.02
grams or more is sufficient for DUI in an offender who is under 21.
Under Georgia Law, OCGA § 3-3-23, it is illegal for someone under
21 to even possess alcohol. Further, the courts have interpreted this law very
broadly and, as a result, "internal possession" of alcohol by someone under 21
can be a crime. But, generally speaking,
a standard under 21 alcohol charge will not result in a license
suspension. Keep in mind though, the
State's prosecuting attorney is not limited to what the officer wrote the
ticket for - he/she can charge you with any crime that the facts and
circumstances support.
Under Georgia's underage drinking laws, it is not necessary
for the defendant to have an alcoholic drink in hand to be convicted of Under
21 Alcohol Possession. The defendant
having alcohol in his/ her blood or on their breath can be sufficient enough to
be found guilty. Even without alcohol
being physically present, law enforcement will attempt to determine whether the
defendant has any manifestations of consumption (odor of alcohol, blood shot
eyes, slurred speech, coordination issues, etc.). Based on the limited facts provided, it sounds
like the officer has at least this much.
Often in underage drinking cases there is an admission of consumption by
the defendant, and / or a positive reading on a portable breath test (PBT) like
there is in your case.
Due to the pervasiveness of Under 21 Alcohol cases, the
Georgia Legislature has given Georgia prosecuting attorneys some options in
disposing of these cases. Most common
are the "pretrial diversion" and the "conditional discharge." In either scenario, the defendant is allowed
to plead guilty but later have the charges dismissed if certain conditions or
terms are met. Generally, the terms are
probation, a fine, completing an alcohol awareness class, performing community
service and other terms and conditions.
If a defendant neither admits guilt nor declares innocence
he is entering what is referred to as a Nolo Contendere plea, or Nolo. By entering a plea of Nolo, the defendant
agrees that the court may consider him guilty for the purpose of finding him
guilty and sentencing him. Often, an
under 21 year old in Georgia may be misinformed and not realize that entering a
plea of Nolo has basically the same legal effect and consequences as being
convicted! Further, as a conviction for
an Under 21 Alcohol offense may affect the defendant's school enrollment (many
schools have an alcohol policy) and scholarship/financial aid eligibility, I
would recommend against a simple Nolo plea and going to court without an
attorney. A competent attorney can help
protect you against all the potential ramifications.
Answered on Nov 28th, 2011 at 9:12 AM