Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The police do not need to do any breath test if a minor is in possession
of alcohol, the mere possession is a violation of the law. Punishment in school does not actually absolve the violator of violation of the statute, but the fact the police have yet to issue a citation means that you cannot do anything at this point.
If the police do issue a citation, you have a right to go to court and plead not guilty and then meet with the prosecutor to try to negotiate a resolution and dismissal of the charges if they are even ever filed. The charges are referred to the DA and the DA decides on whether or not to even charge him. If a juvenile
meets the criteria for the MIP Program a letter is sent to the juvenile and his or her family explaining the program and what is expected. Generally, a juvenile must obtain a drug and alcohol evaluations to insure that there is not a larger substance abuse issue, and follow the recommendations, complete community service hours, and not violate the law for 4 months. The cost of the program is $300.00. If the minor completes this program no charges are filed and the case goes away and never goes on his record.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees
of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.