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In GA is underage drinking a state charge, juvenile or both?

Lawrenceville, GA |

My 16 year old was at a party and the police were called. She took a breath alayzer and blew .04 and received a citation. I just received something from the recorder's office for the date and it says "State vs. Xxxx". Do I need an attorney?

Attorney Answers 2


  1. Absolutely. In Georgia, a breathalyzer's calibration is never checked to detect low levels of BAC, (0.04 is very low). A good number of young people are being unfairly stigmatized at a crucial period in their lives because of inaccuracies in the breath machines. Now, your daughter wasn't driving, which is a good thing, but you still need to find an excellent, experienced *DUI* attorney to help you protect your daughter.


  2. Yes, you do need an experienced local Criminal Defense attorney. Oftentimes in this kind of case, a good attorney knows if there are diversion programs or other legal defenses to your daughter's offense. Based on your daughter's age, her case may need to be removed to juvenile court. An experienced attorney would let you know the advantages and disadvantages of being in juvenile court. Please do not try to go it alone. Many, many young people are finding significant hardships that arise from past youthful indiscretions.