Legal Question in DUI Law in Alabama

vehicle passenger intoxication

My 19 year old college son was arrested recently because he had an open beer in the front seat of a car that he wasn't driving. He did score a .07 on the breathilizer test, but wasn't driving. The female driver scored .05, but was released to go home when she found someone to drive the car home. My son was handcuffed, carried to jail, and was NEVER read his rights. He was released the next morning when some of his friends paid $100. His questions were never answered, but was told to appear in court on a certain date. Was all this ''kosher''? Why wasn't the girl arrested too?

Asked on 5/06/04, 11:23 am

1 Answer from Attorneys

Randal Ford Ford Firm

Re: vehicle passenger intoxication

Without knowing all the facts of the situation,here is the important stuff.

Adults in Alabama are 21 years old.

The "limit" for under 21 year old drinkers is 0.02% so your son was over the legal limit by .05.

The police do not have to answer questions or read you Miranda rights UNLESS they ask the SUSPECT questions. No questions, no Miranda.

If the girl was over 21 the legal limit is 0.08%. If she was 0.05% the presumption works against the police.

Sounds like he needs to go to court. A lawyer wouldn't hurt.

The above information is based upon the hypothetical fact situation presented. As an attorney-client relationship has not been established, the viewer should not rely upon any information as factual to any specific situation.

Randal Ford

[email protected]

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Answered on 5/06/04, 3:24 pm

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