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Last night I was cited for an infraction, a Minor in Consumption at SDSU. It was my 1st offense.

San Diego, CA |

I asked to have a sobriety test before blew. He told me that it was pointless because it was only be more evidence against me and told me just to blow. I felt that this was a sly way of getting me out of my rights. But reluctantly I blew and had a BAC of .063. I am a broke college student and do not want to have to pay $250 dollars for not even being drunk. For God's sake I could have legally driven when I was 21, and I was only walking!!!! Am eligible to do community service or a diversion program? Possibly any way to get this off my record??
Thank you for your time!

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Attorney answers 3

Best Answer

It sounds like you voluntarily submitted to the breath test. But their may be an issue of whether the police officer had reason to stop you. Police can stop a person and ask a few questions with a relatively low level of suspicion that a crime has occured. But there must be some articulable reason for stopping you. You could go in and fight this on your own, but I reccomend you speak to an attorney to make sure taht nothing is missed. Most attorneys offer a free consultation.

Otherwise, you could pay the fine, and later have the matter expunged.

Hope this helps,
James C. Huber
San Diego Criminal Defense Attorney


A Minor in Consumption charge has nothing to do with sobriety. It is illegal to have even a sip of beer if you are under 21. You did not have to blow for him, though. You voluntarily gave that up. He was right that sobriety tests would just be more evidence against you. When dealing with police, the best thing is always to remain silent and not consent to any searches (unless you are driving and you are arrested for DUI). As far as community service or diversion, that is up to the practices of the individual court. As for your record, you do not ever have to disclose an infraction for any purpose, so it is not a huge deal.


Mid-City Community Court

For certain misdemeanor quality-of-life crimes such as noise violations, offenders can avoid a criminal record by agreeing to have their case handled by the Mid-City Community Court. If they agree to participate, offenders are sanctioned by the Community Court Sanctioning Panel, which is composed of a deputy city attorney, case manager and two-four trained community members. Offenders are ordered to perform community service, attend rehabilitative and educational programs, and pay fines and administrative fees. If offenders comply and remain law-abiding for one year, they avoid having charges filed against them. For more information, contact the Mid-City Community Court Coordinator in the Office of the City Attorney, Neighborhood Prosecution Unit. Phone: (619) 533-5500.

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