Alcohol & Drugs: MIP, MIC, Intoxication 20 yr. old 2nd underage consumption in 1.5 yrs.

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LMJohn

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My 20 yr. old son was pulled over last Fri. around 11:30pm in our neighborhood. He was told he was stopped for "unnecessary acceleration". There is sand on the street from winter. One has to wonder if this was a contrived reason to check him out.
The officer stated he smelled beer and ordered him to take a brethalizer. My son asked for a blood test but was denied. He blew 0.4 so his car was towed and he was taken to jail.
His first underage consumption was in July 2004 at age 18. He paid a $170 fine and was given one year probation. He has no other offenses.
How will this second offense play out in court? Would he be given jail time??
Would he benefit from an attourney's presence at court?
Thank you.
 
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