QUESTION
Should our son fight an underage drinking charge?
Asked on May 25th, 2015 on Criminal Law - Georgia
More details to this question:
Our son attends a college. He was charged with underage drinking even though he does not drink. He was not breathalyzed. He told the police that he was not drinking and they did not care. Will this go on his permanent record?
4 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If convicted, yes, it will be on his record. I would fight the charge if I were him.
Answered on May 26th, 2015 at 1:51 PM
Yes, your son should hire an attorney to try and get the charge dismissed or reduced to a lesser offense, such as "Littering." If he pleads guilty, the conviction will go on his permanent record. Having an alcohol-related conviction on your criminal record can prevent you from getting a job, renting an apartment, getting federal student loans, etc. A conviction for MIP (minor in possession of alcohol) can be expunged once he turns 21 or after 1 year has passed since the conviction date (whichever is earlier). It's up to the judge to decide whether to expunge an MIP conviction, so he should hire an attorney to represent him if he chooses that option.
Answered on May 26th, 2015 at 12:09 PM
You should hire a lawyer for him and get this relatively minor charge dismissed. By himself he is going to get a criminal record and lose his license for a year, and it isn't worth it.
Answered on May 25th, 2015 at 11:32 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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HIRE A LAWYER!!! If not handled properly, he will lose his privilege to drive and it will be on his driving record for sure. They do not have to give ANY tests - the officer's testimony that he smelled alcohol or saw alcohol in his hand is sufficient.
Answered on May 25th, 2015 at 6:27 PM