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Are there any states that have a different illegal bac that's not .08?

DUI/minor consumption questions...?

  • My brother recently got pulled over, the cops found a half empty case of beer in the back seat along with a beer bong, they immediately had him do sobriety tests and BAC tests. I'm not sure if it's the same in all states but where we live the legal limit for someone OVER 21 is .08 and under 21 is .02 (he's under 21 but over 18) Anyway, he blew a .083 then a .071 so obviously he failed the BAC test because he's a minor. He was driving but they didn't arrest him, & when you get pulled over for drunk driving & fail the tests you immediately go to jail..right? They just gave him a ticket that says "driving under the influence under age 21 BAC .083/.071 1st offense." So my questions are, is this a DUI? Why didn't they arrest him if it is? His court date is coming up but he wants to know what he should expect to hear..which is why i'm on here asking. Has this ever happened to anyone?

  • Answer:

    He will lose his license and have to pay some fines and surcharges. Since its his first offense and hopefully his last, the penalties arent as strict as if it was a second offense or third, but why on earth would he keep alcohol on his back seat and not in the trunk. My sister got her 3rd dui and lost her license for 10 years and got 6 months in jail. She got a license in another state before she lost her nj license.

blonde bombshell at Yahoo! Answers Visit the source

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It would be a DUI and it depends on the situation for the person to be arrested and go to jail for. In some cases if there is another person in the vehicle who can drive they would let him go with a citation and not drive. Or even leave the car there and find another way home. As for the trial portion of it, that is something that he would have to find out first hand because not all people who get a ticket for that doesn't always turn out the same.

celytoy88

Yes it is a D.U.I. Although they didn't arrest him they can still press the charge on him and it will be settled in court. Depending on the court findings he will be given his sentence and either jailed, placed on probation, or PBJ

Aubrey ஜ۩۞۩ஜ

Yes it is a DUI and no they don't have to take you straight to jail for a DUI.

WRG

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