Will an underage designated driver get in trouble if an alcohol party gets busted

Asked 10 months ago - Austin, TX

Let's say a group of people are having a party age ranges from 17-22.
If an 18-20 year old is driving some of his or her drunk friends home.
The party gets busted by some sort of noise complaint. Will the 18-20 year old get cited even he/she has not taken one sip of alcohol. Can the designated driver ask the cop to have her/him blow a breathalyser to prove that he/she has not been drinking at all.

Thank you, and this is intended for Williamson and Travis county in Austin, Cedar Park and Leander Texas.

Attorney answers (3)

  1. Jared Seth Robinson

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Can you get cited? yes. Can they prove your guilt? Probably not. Simply being a designated driver for people who are underage is not a crime. Contributing to their alcohol consumption by buying beer, providing beer/alcohol, etc. is ca crime.

    My answers are not intended as anything more than an educational response to generic questions posted on this site.
  2. Shane Michael Boasberg

    Pro

    Contributor Level 12

    Answered . You may get cited but you can easily fight it in Court. Hire a local attorney to take care of the charges. It should be easy enough and not cost you a lot of money.

    Best regards,

    Shane M. Boasberg

    This email (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521... more
  3. Kevin Matthew Bennett

    Contributor Level 10

    Answered . They should be fine as long as they did not consume, possess , provide alcohol to a minor or allow alcohol in the vehicle (particularly an open container). Oftentimes, it takes a criminal defense lawyer to make these types of argument to a judge, jury or prosecutor. If the facts are as you presented and the driver is facing legal trouble, then it would be a good idea to hire a local criminal defense lawyer. The defense lawyer will be able to examine any criminal charges and develop a strong defense.

    This post on AVVO is for discussion purposes only and should not be considered or taken as legal advice. This post... more

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