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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33416
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My son was at prom last night and the group he came in with

Customer Question

My son was at prom last night and the group he came in with smelled of alcohol. My son refused to take a breathalyzer until I arrived. When I did arrive the sheriff said that machine was broken. My son didn't smell of alcohol or look intoxicated at all. He said it had a couple of sips of some drink out of a cup a few hours before the dance. Now they want to suspend all the kids for three days. What rights does my son have? Why should he be punished when the other kids were obviously drunk.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 2 years ago.
I need you to be more specific in your question(s) if you could. When we answer general ones like "what are his rights" or "what are hismy options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
Customer: replied 2 years ago.
Ok. Can they suspend him for three days if they couldn't use the breathalyzer to test that he had been drinking? Can they suspend him because he was with a group that was drinking even though he did appear intoxicated or smelled of alcohol?
Expert:  Dwayne B. replied 2 years ago.
Yes, the burden of proof at a school is much, much lower than it would be in court. There is never a requirement for a breathalyzer, something as simple as a teacher saying they smelled alcohol or he appeared intoxicated is sufficient whether he appeared that way to you or not.You can challenge the suspension, there will be a procedure set forth in the handbook. It usually involves appealing to the principal (if the principal isn't the one that suspended him), then the superintendent, then the school board. After that you can file a lawsuit to challenge the suspension.The burden of proof once you get to court is "by a preponderance of the evidence".