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LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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Were in Denton County, Texas. My son was cited for Consumption

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We're in Denton County, Texas. My son was cited for Consumption by Minor. He was at a party and the police showed up. THey detained most of the kids (many just fled). They gave the kids breathalizer and confirmed my son was drinking.

- can they give a breathalizer (it was at a friend's house)
- he's on probation for a minor traffic offense; will this limit our options? make it more difficult?
- do we really need an attorney for this?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  LawTalk replied 8 years ago.
Good morning,

I'm sorry to hear of your dilemma.

The police can lawfully use a breathalyser on a minor who they suspect of alcohol consumption, yes.

With all respect intended, minor traffic offenses are usually dealt with by a fine and perhaps the taking of a driver's safety class, and not with probation. Probation usually indicates something a bit more serious.

Probation typically requires that the individual abide by all the laws during the probationary period. Violation of another law while on probation can result in probation being revoked and the original sentence enforced.

Underage drinking is usually dealt wit a fine and perhaps some community service. However, as your son is presently on probation, this is a situation where he likely needs an attorney to assist him.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,


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