Minor in Consumption (Illinois)?
Hi. I'm a college student in Illinois and i'm 20 years old. After a rough week or studying i decided to go blow off some steam and party. I used to drink a lot but this honestly was about the 3rd or 4th time i had this semester. Well i ended up becoming pretty intoxicated and decided i was going to drive back to the dorms which were a mile away (Stupid, I know). Within 20 seconds of driving home i was pulled over for speeding. The cop asked if i had anything to drink and i was honest with him and told him i drank around ten or eleven beers. He said he appreciated the honesty and was going to charge me with a minor in consumption. So the cops cuffed me and took me to the police station where i blew a .187. I received a citation for illegal possession or consumption of alcohol by a minor and they let me go.
So my questions are 1.) i have a required court appearance but the ticket doesn't say a fine or anything. What are typically the consequences?
2.) Is there a possibility they raise the charge to DUI?
3.) I am a good student, I have a clean record with the exception of a driving ticket or two,and i cooperated with the police. Will This help me at all?
4.) I keep reading that suspension of license is a possibility. Is there such thing as to where i could get an exemption so i can drive to my internship this summer?
Thanks for your time. This isn't like me at all and i'm going to not drink until i am 21 . I just had a stressful week and had a little to much fun and made some extremely stupid decisions. Again i appreciate your time for answering this.
State, Local, and Municipal Law Attorney
You definitely need to contact a local traffic/criminal attorney - who will have some insight on the court and the typical fines. It is unlikely that you will be charged with DUI - but I have seen it done in similar situations before. The fact that you were cooperative with the police may have helped you avoid a ticket for DUI.
The .187 BAC reading will result in a suspension of your drivers license. However, your attorney may be able to challenge the suspension and have it rescinded.
If you are found guilty of illegal possession of consumption of alcohol by a minor, this will also result in a suspension of your drivers license (3 months).
Please note that this is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in Illinois.
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Criminal Defense Attorney
Two corrections to the previous answer: 1. Your license will be suspended for three months EVEN IF you get court supervision (you do not need to be convicted) AND 2. The only relevance of the BAC is that it proves your illegal consumption. The only way to avoid the suspension would be if the state agrees to amend that charge to a disorderly conduct or something else that won't affect your license. You are extremely fortunate you weren't charged with DUI or at a minimum, that they did not write you up for a Zero Tolerance Summary Suspension of your license. Most likely the state will want you to plead to the illegal consumption charge, since you've already caught two huge breaks; you cannot get any kind of exemption to drive during that period.
Workers' Compensation Lawyer
It seems like you've been lucky so far, relatively speaking. So why not have an attorney go over everything and appear in court to make sure you get the best outcome possible? Look for someone who has relevant experience, as well as a solid reputation among judges and other attorneys. If you need a referral, feel free to give me a call. 800-517-1614.