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xavierjd, Attorney
Category: Legal
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Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I was stopped in va and had a breathalyzer and blew a .02.

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I was stopped in va and had a breathalyzer and blew a .02. I am 16 1/2 and the police called my parents and had them drive me home and had to leave my vehicle. I was not cited and received nothing. Can they site me later for underage possession?
Thanks for using It will be my pleasure to assist you today.

Who is the owner of the vehicle?

Has the vehicle been release from impound?

Do you have any convictions for anything?

Customer: replied 3 years ago.
Mother is the owner
The vehicle was left locked and picked up by my parents 15 minutes later after they brought me home. I have no other convictions and they did not cit or give me or my parents anything.
Hi Bruce,

Thanks for the information.

You are lucky that you were not arrested and that your parents were able to take the vehicle home.

Underage possession of alcohol is a Class 1 misdemeanor offense in Virginia, punishable by up to a year in jail, up to a $2500 fine, and suspension of your driver’s license. While many may think it’s a minor offense, it is a criminal charge. A criminal conviction of any severity may not be expunged from your record. It is a permanent criminal conviction you will carry for the rest of your life.

For a first offense, the court may defer further proceedings and place the accused on probation subject to conditions imposed by the court that may include license suspension or restrictions. When proceedings are deferred, the court must require the accused to enter a treatment or education program, or both, depending on what the court believes best suits the needs of the accused. If the accused abides by the conditions, the court will discharge the person from probation and dismiss charges without an adjudication of guilt (Code of Virginia § 4.1-305.F).

It is possible that you could still be charged with underage drinking. The police officer can still write you a citation. However, it is GREAT that the police allowed you to go home with your parents, AND that your parents were allowed to pick up the vehicle. The vehicle COULD have been impounded and it COULD have cost you/your parents a lot of money to get the car out of impound.

You/your parents may wish to contact an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the facts of your case, evaluate your options and decide how to proceed.

Below is a link to the Virginia Bar Association attorney referral page.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 11 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
I know I was extremely lucky and I am on house arrest with my parents making me log ever time I leave for school and work and return home and setting the house alarm. Everyone I talked with said I could not be cited since they did not give me a citation at the time but a friend if mine said that I still could be. My dare officer said they could not cite me after the fact. Just looking for answers and we will be consulting a lawyer. The officer said that since I was honest with him he was not taking me in
Hi Bruce,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

I wish you ALL the best! From your post, it sounds like you may not be charged. It won't hurt to consult an attorney, even if it just puts your mind at ease. It sounds like because you were honest and respectful, you may have have gotten lucky! However, I'm sure that you have to deal with the fall out of having to have your parents pick you up from the police station because of your breathalyzer result!

Again, I wish you all the best!

Thanks again,


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