Can I get charged if I was at a party and blew a .67 but was not given a ticket? 39 Answers as of July 11, 2013

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.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
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
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
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: 7/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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: 7/1/2011
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
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
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you blew a 0.67 you are dead.
Answer Applies to: California
Replied: 6/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    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: 6/30/2011
    Singh Law Office
    Singh Law Office | Kulvinder Singh
    You can get a "drunk in public" ticket.
    Answer Applies to: California
    Replied: 7/11/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    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: 6/30/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    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: 6/30/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    What county did this occur in? You should have rec'd a citation at least if you were charged.
    Answer Applies to: Kentucky
    Replied: 6/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Because you are under 21 you are not completely adult as far as the law is concerned. You can and may be charged with MIP by the prosecutor's office. In that situation, the prosecutor files what is called a "citation" which has the same effect as anything the cop may have given you or not given you. Because you are over 18, your case will be handled in District Court rather than Juvenile Court. There is a program for MIP that allows you to get a dismissal after you take a class and remain law-abiding for a year. Otherwise, if you are convicted of MIP, your license will be suspended until you are 21. That's how serious this is and you should speak with a criminal defense attorney in your area. If you live in Southwest Washington, I invite you to give me a call.
    Answer Applies to: Washington
    Replied: 6/30/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You will likely be contacted. The deal he discussed is the charge will be placed on file without a finding on condition that you take an alcohol education class ($300) and have no additional charge for alcohol. It is not a bad offer so long as the charge is POF w/o a finding. IN NH you are an adult at 17 for criminal law purposes, but the MIP offense is 21. It is a violation level offense so it is not criminal, but would still appear on a criminal records check.
    Answer Applies to: New Hampshire
    Replied: 6/30/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    If you were not given a ticket, taken into custody, or given a court date I would not worry about it. If any of those 3 things happened you likely need an attorney.
    Answer Applies to: New York
    Replied: 6/30/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    While it is very unlikely that you "will be contacted by your attorney" after 37 years as an attorney I've seen a lot of things happen that were not supposed to happen. However, if you never receive any notice from the police or the court, then you're probably okay. However, be aware that you were underage drinking and that is illegal. The cop should not have normally given you a breath test, but under the circumstances, it may have been appropriate. If you do get contacted by anyone on this matter, hire an attorney to represent you. Good luck.
    Answer Applies to: New York
    Replied: 6/30/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You could be charged with unlawful consumption of alcohol by a minor even though you are an adult age (18), you are a minor for alcohol use (21).
    Answer Applies to: Kansas
    Replied: 6/29/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    Until your case is picked up by the District Attorney, there should be no formal charges pending against you. The officer may have been referring to some sort of program in your jurisdiction in which the DA and prosecutors have agreed to postpone pressing formal charges in return for alcohol and drug counseling and may well have been telling the truth. It is quite possible that it could be in your best interest to submit to such an arrangement in order to avoid charges. You should not, however, submit to any sort of plea deal or arrangement which you do not fully understand without first consulting with a criminal defense attorney in your jurisdiction. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/29/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    To start with. I'm am supremely confident that you did not blow a 0.67% blood alcohol content. You would not survive that high a concentration. You would be dead. Second, you have not yet been charged with anything so you won't have any record. Third, there are classes that are offered by the counties. But, I am pretty sure you need to be directed to participate by a judge. So, that would involve an arrest and appearance in court. My gut is telling me that you may never hear about this again.
    Answer Applies to: New York
    Replied: 6/29/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Under age drinking is not legal but is rarely charged if your not driving. I doubt anything will come of this.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You can be charged with Minor in Possession of Alcohol. If you are charged it is possible that the case can be dismissed after some alcohol classes.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Potentially, a criminal record is a criminal record, regardless of classes. I don't know whether or not you'll be contacted; if you are, you should consult your own attorney who can give you advice to help you make an informed choice.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    You can still be charged, but if you weren't given a citation you probably won't be. The officer is exactly correct in what he told you. On a first offense, the state will typically divert underage consumption of alcohol cases; which means if you take an alcohol awareness class, the charges will be dismissed.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You cannot drink under the age of 21 in PA. The officer is accurate that you will have a clean record if you complete the classes. If there was no arrest or citation then there is likely not a record. They may have not filed a citation for the drinking in which case you would be lucky.
    Answer Applies to: Pennsylvania
    Replied: 6/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. A citation for underage consumption may be mailed after the date of the infraction.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Flores & Lopez Law Firm
    Flores & Lopez Law Firm | Joe Lopez
    Were you on private property blowing into this machine? were you driving? are you over the age of 21? what state are you in?
    Answer Applies to: Texas
    Replied: 7/11/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Depends on where you are. What city are you in?
    Answer Applies to: Michigan
    Replied: 7/10/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I assume that you were charged as a minor in possession or consumption.Some courts do have programs for minors caught in possession of alcohol that if they complete the program the charges can be dismissed.
    Answer Applies to: Alabama
    Replied: 6/29/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Time will tell. You were certainly consuming alcohol and these things often don't get "thrown away" by the police.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    I assume you mean that you blew a .067. It is possible that you will still be charged with MIP/MIC even though the officer did not give you anything at the time of contact. What typically happens is the officer will write a report and submit it to the prosecutor. The prosecutor will then decide whether they want to pursue charges. If they do, you will receive a summons to appear in court via mail. What the officer was referring to regarding the statement he made about taking a class and not going on your record, is that sometimes we are able to negotiate with the prosecutor to dismiss the criminal charge if you get an alcohol evaluation and attend an ADIS class and not get any new criminal law violations. It wouldn't go on your record because it would be dismissed. If you get a summons in the mail it is advisable you contact a criminal defense attorney.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Don't worry about it unless someone contacts you. If they do, talk to a lawyer before you do anything.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If there was no citation, then there is nothing to worry about.
    Answer Applies to: California
    Replied: 6/29/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They could charge you with being an underage drinker. But he is saying that they have a program where if you complete it there will be no record.(public). This usually is a good deal.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    At least in Texas, you would not be an adult for the purposes of consuming alcohol and the charge for what you did would be a minor in consumption. The officer could have gathered the information and be planning to put it all together in a report to the prosecutors' office for them to take action. At least in Texas, you would normally receive a ticket BUT some times they do send out summons - a letter telling you to come to court. If you receive such a command, do not ignore it. In Texas, minors are generally allowed to do community service and take an alcohol awareness court for a probationary period of time and if they do as they are instructed, the case is dismissed. It sounds more like in your situation that they are just not going to file the charge IF you do as they instruct; if you do not, then you will probably find yourself with charges.
    Answer Applies to: Texas
    Replied: 6/29/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    Your question is tough to answer without knowing more facts. However, I think you mean your BAC was 0.067 not 0.67 (you'd be dead). The initial question that requires an answer is did law enforcement have a right to enter and search the premises. If so, did they have a right to contact you? More facts will help determine the strength or weakness of your case. Additionally, every jurisdiction offers different plea deals so an agreement to do an alcohol awareness class in lieu of filing criminal charges may indeed be the way your jurisdiction deals with this type of issue.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Your question puzzles me in a couple of ways. First of all, you would be very dead if your BA level was .67. Is this a typo? Do you mean .07? Second, why were you being tested for alcohol at all? Were you in public? Third, I have no idea what attorney would contact you or why. You were not arrested or ticketed. Alcohol classes exist, but there's no reason for you to take one if you're not convicted of anything. There is nothing to go on your record without a conviction. Feel free to call me if anything comes of this - I'd be interested to know.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    You did not indicate if you were driving or on foot when you were asked to take the breath test. Based on the facts you have presented it sounds like the police wanted you to enter some type of DUI treatment/diversion program. Generally successfully finishing the program will result in the charges being dismissed. Since laws vary from state to state it would be wise to consult a local attorney who is skilled in the defense of DUI cases.
    Answer Applies to: District of Columbia
    Replied: 6/29/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    I would go to the court + ask if there is a pending case. He may have given you a ticket with a court date. Otherwise there is no need for a prosecutor to contact you.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You may still be charged with a crime. And I assume you blew a .067?? Technically, you could be charged with minor in possession but if he didn't write you a ticket, you may not be charged at all. I would wait until you get a notification from the DA's Office to do anything further.
    Answer Applies to: California
    Replied: 6/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    First off all, are you sure you blew a .67? That's more than eight times the legal limit for those over 21 and more than 32 times over the legal limit for those your age! I've never seen a case with anyone higher than a .42 personally. I would imagine that even the most experienced drinker among society wouldn't be able to go much above that without slipping into a coma or dying of alcohol poisoning. If someone your age blew a .67 I would imagine they wouldn't be among the living let alone sober. But I'll take you at your word for now. You could get charged with Minor in Possession which is a misdemeanor. What the officer might have been talking about was a type of sentencing program where you could complete probation and keep the charge off your public record. HYTA would come to mind as it is designed for most crimes committed between the ages of 17 and 21. If charged, seek out an experienced criminal attorney to review your case. He will be able to give you a more detailed answer and how to proceed.
    Answer Applies to: Michigan
    Replied: 6/29/2011
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