Legal Question in DUI Law in Ohio

prohibition

my 18 year old was at a party the other night, 10 minutes in the cops busted the party, he was one of the only ones who did not flee, and the officers did note that he was cooperative and well behaved, he blew a .08 and is charged with prohibition what does this mean and what should we do. This is his first run in with the police and his very first time in troubl;e


Asked on 3/09/08, 10:16 am

3 Answers from Attorneys

Joseph Jacobs Jacobs & Lowder

Re: prohibition

Whatever you do make sure he gets into a diversion program or enters a plea that will allow this charge to be completely dismissed in the end. Feel free to contact me for clarification directly. 216.952.1990

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Answered on 3/10/08, 3:03 pm
Richard Cline Office of the Ohio Public Defender

Re: prohibition

Because your son is under the age of 21, the prohibited blood alcohol level is 0.02%. Since his BAC was 0.08%, he was above the legal limit. I would recommend you hire an attorney familiar with the local court system. This is a first degree misdemeanor, which has the potential of six months in jail and a fine of up to $1,000.00.

Good luck with your case.

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Answered on 3/09/08, 1:48 pm
David Davies Law Office of David H. Davies

Re: prohibition

I assume from your question that your son was at someone's home when the police "busted" in. That he was not out on the highway.

It is against the law for someone under the age of 21 to consume alcohol. The .08 reading is proof that he had been drinking so he was charged with underage consumption. In any event, an attorney should be able to discuss the case with the prosecutor and the judge to work out a situation where your son would acknowledge wrongdoing but be able to keep from having a criminal charge on his record.

Mr. Cline mentioned "diversion" and I agree that your son should be eligible to participate in this program. He may be able to work it out without an attorney but it will be easier if he has counsel.

Feel free to give me a call if you have any questions. No charge or obligation for a confidential telephone call.

Good Luck

DHD

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Answered on 3/11/08, 11:02 pm


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