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

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.

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Attorney answers 3


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

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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.


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.

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