BAC level to convict underage drinking?

The cops came on private land (A field) when they seen a bonfire without the land owners permission. First off - can they do that? (It was a rural area around midnight)

Second, I was issued an underage ticket (I wasn't in possession of alcohol, and I also didn't smell of it) for a BAC of .004. (It was .003 but the cop held it there for another minute)

Can they convict on this? I mean, it's mostly guilty by association because you can actually get that BAC from using mouthwash or taking some cough syrup, correct?

I've had no priors.
Additional Details
This is in SD.

nas88caror 300 09? way to go BK!

actually yes you can you can even if you eat a salad with vinegar and oil
they can convict an underage person with a BAC with 0.01

trooper3316

Any public employee can enter private land on official business. This would include police, fire, assessors, and building inspectors. This applies to land only, not structures.

If you are underage, any measurable level of alcohol is illegal. There is alcohol in some mouthwash and cough syrup, but unless you drank the whole bottle, there would be no measurable limit.

As far as him 'holding it another minute", the machine can take a while to process the sample. The amount of time he holds it does not affect the test.

mikeysco

Probably can't answer your question without more information.

"The cops came on private land (A field) when they seen a bonfire without the land owners permission. First off - can they do that? (It was a rural area around midnight)"

According to your story, they can (because they did). If you want to know if it's legal or proper, you should have asked that. Chances are excellent the answer would be yes.

You absolutely can obtain a reading like the one you described (and much higher, in fact) based on mouthwash. I doubt that's the case with you but you certainly can use it as a defense. However, I have a hard time believing that no matter where you are, a BAC of .004 is illegal, even for a minor. You sure you got that reading correct?

"Can they convict on this?"

No way to know without knowing what state or country you're in.

Robert S

Its called zero tolerance.

Any level will result in conviction.

matica2222

"The cops came on private land (A field) when they seen a bonfire without the land owners permission. First off - can they do that? (It was a rural area around midnight)"

Yes

"Can they convict on this?"

Yes

"...get that BAC from using mouthwash or taking some cough syrup, correct?

No

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