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Can my child be charged with underage consumption after being denied a breathalizer testmy 15 year old was charged with underage consumption. Police arrived talked to my daughter told them she was not drinking and they let her leave the party , a different girl at the party said everyone was drinking called the driver who was taking my daughter home and told them to come back. Driver was not charged . my daughter asked for a breathalizer test and was denied one can she still be charged after Police let her leave? Attorney answers (1)
Reputation Level 13
Answered over 3 years ago.
Criminal Defense Attorney in Ravenna, OH.
Yes, she can be charged later on. However, PROVING the charge is an entirely different story. The prosecution has the burden of proving the charge, and that burden is proof beyond a reasonable doubt. They may attempt to do so by either eyewitness accounts of her drinking or observations of the officers. I assume that she made no admissions. The fact that a breath test was requested is a major factor in determining whther or not she was drinking. You need to keep in mind that the statute also prohibits possession of alcohol as well.
Dan J. Weisenburger Attorney at Law Weisenburger Law Offices, LLC www.ohioCrimeLawyer.com 1 person marked this answer as good
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