<p>Looking for advice. The short story is that our ds was cited for consumption by a minor. He was at a party in a dorm room in a different dorm from his own, got sick in the lounge, RAs called the school security, who called an ambulance. Ds was checked out and determined to be fine and was sent with his RA to his dorm. He admitted to police that he drank and even took a Breathalyzer test, though they didn't record a number on the citation.</p>
<p>My online research indicates that this is a misdemeanor. Ds's RA said that because he was not transported to the hospital, he thinks that a mtg with his hall director would be the extent of the on-campus ramifications (hall director is off today, so this would happen tomorrow). Being transported to the hospital would have meant that the dean of students would have been involved, academic probation, etc. It doesn't appear he would be in danger of losing his scholarship, FA.</p>
<p>This apparently is a misdemeanor, but should we lawyer up? Any advice? Part of me is thrilled that everyone used an abundance of caution (everyone but ds, that is) and thinks this is a great lesson to learn when the stakes are relatively low. He doesn't have a car on campus so drinking and driving was never an issue. But the limited online research I've done is really scaring me with things like losing his license, permanent record. etc. Should we call the local police and ask about the various options? His campus is in a different state from ours, and we can't afford to get to him.</p>
<p>Why don’t you wait until tomorrow. Speak with his Hall Director. This could go either way, so don’t create problems if none exist. You’ll find out more tomorrow, including school policy. The misdemeanor you are concerned about is issued by the police, but they weren’t involved, so it’s unlikely. It could be a slap on the wrist, but even if that’s it, forewarn your son they won’t take this so lightly next time.</p>
<p>Please follow up to let us know what happened.</p>
<p>Did the campus police or the city/county sheriff/etc,(I know you said school security, but when an ambulance comes, city police usually come with them) issue the citation? That is going to be your first step. Was there a fee schedule on the citation? I am sure you don’t have a copy of it, but I suggest having your son either scan it and email it to you, front and back or take a picture of it with his phone and send it to you. Is there a court date on this citation?</p>
<p>It might help if you identify the state. I think your situation does not sound too bad since they are handling it on campus and the police are not involved. I would absolutely not call the local police for advice. My son attends college in NC - and they made it very clear to students and parents at orientation that a student caught drinking on campus could get off with just a warning and a call home the first time. But get caught off campus - at a party or at the football stadium - once the city police are involved - you are arrested and have to appear before a magistrate - very different scenario.</p>
<p>I think the consequences will vary quite a bit from one college to the next. Is there anything in the student handbook or the college bulletin that will explain what happens next?</p>
<p>THE OP CLEARLY STATED THE POLICE WERE INVOLVED and issued a citation. It appears both the school is involved as it happened on campus in a dorm and the police are involved and issued a citation for underage/minor consumption.
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<p>They likely arrived with or after the call for the ambulance, given it was a call for an alcohol related problem on campus.</p>
<p>There are both on-campus and off-campus ramifications. The two are separate issues.</p>
<p>What city/state are you in? My daughter got a MIC (minor consumption) in San Diego in September. She was at a party off campus that the police broke up. SHe had been drinking, but was not drunk. She was in a group walking home and the police officer told them to stop. She was the only one to stop and he gave her a ticket for minor consumption because she “smelled like alcohol”. Where we are from in California this isn’t even a law, but it is a municipal code in San Diego. She went to court and had the option of paying $100 or fighting it. She paid the $100. Evidently in San Diego the campus police are now standing outside of Frat houses and breathalizing everyone that comes out and giving them MIC’s. I guess they have even pulled over party buses. FOr her, since it was the San Diego police the school was not notified. But I guess the campus police also gives them and they notify the school.</p>
<p>sunny - you are right - I read that sentence and then misunderstood as the OP proceeded to focus on the meeting with the Hall Director tomorrow. I liked collegeshopping’s idea of getting a front and back copy of the citation to the parents - that would be very helpful.</p>
<p>The city police came with the ambulance. There is a court date listed for May. His RA, who I guess has some experience with this, says it’s a $180 fine, though there isn’t a fee schedule listed.</p>
<p>I’d rather not say the state, but it’s a small college town with good town-gown relations.</p>
<p>Definitely won’t do anything tonight.</p>
<p>At the first conversation with ds, we were really cool about it, matter of fact. But tonight we’re calling him back, and now we are mad. Back in my day, it was legal for an 18yo to drink so I’m certainly not scandalized, but it’s a different day and I’m really scared for him, that he could have been so foolish and risk so much. And how do we believe him when he says he’s learned his lesson? In other words, it’s not just the legal stuff but about keeping him safe.</p>
<p>This is a difficult situation. I don’t know if this will make you feel better (it probably didn’t make me feel better), but you know what they say about the fact that everybody drinks? Well, it seems to be true. Not all the time, not necessarily very much, but most college students and many high school students have drunk alcohol and thereby broken the law. I was shocked when my child drank and got a ticket. Then I was relieved that she hadn’t been in a car. I was relieved that she didn’t get sick. I was very sad for her that she has something on her record (though it didn’t, thankfully, affect her driver’s license). She felt awful. Does she still drink sometimes? Yes. I wish she didn’t, but she’s a college student and that’s what a lot of college students do. (Sorry, it’s broken record time.) I know that a person can’t always control his or her emotions, but if you can, try to not get angry when you’re talking to your son. But sorrow, fear, worry? Definitely let him know those, because I think that he will be able to tell that they’re coming from love. Good luck to you and your son.</p>
<p>My daughter was 20, I was not mad in the least, but I didn’t “fix it” for her either. She had to go to court on her own (she doesn’t have a car so she had to get a ride etc…) and pay the ticket on her own, with her own money, etc… I think it was definitely an eye opener for her. And although I think she still drinks, she is much more careful.</p>
<p>Before you call him back in anger…be happy that he was honest and told you about it. Lotz of kids might try to hide it.</p>
<p>Each state has different laws, so it’s very hard to determine the extent. My advice is…make you ds be responsible about finding out the information and insist he get the info back to you quickly. Kids are going to party when they go to college, but by putting the ball in his court and making him call around to find out the ramifications may teach him a lesson about how to act in the future.</p>
<p>Sorry, your dealing with this, but if it’s any comfort, I believe that this is pretty common. Good luck!</p>
<p>Great idea about seeing the ticket. He scanned it for us. One, they got his birth date wrong. Two, they list his college as his personal address, not his home here and there is some odd number listed where it says DL#. Maybe word would never get back to the home state records?</p>
<p>Also, the events of the night are becoming clearer. He didn’t get sick in the other dorm where the party was but in his own dorm lounge. Well-meaning friends who got him back to his dorm called the RA, who called the hall director, etc., so the hall director, when they meet tomorrow, will have his own first-hand account. We’ll see what happens after that.</p>
<p>I’m curious as to why the cops would have him take a Breathalyzer but not write down the number on the citation. We’re they trying to give him a break?</p>
<p>I’m wondering if the cops would give him a breathalyzer just as a barometer for the emt’s. If it were super high they would be more concerned than if it were, say, 0.15. If I were a medical responder, I would probably find that helpful.</p>
<p>They also might have wanted some idea of alcohol level to share (as posted above) to be sure it wasn’t something else going on, e.g. a diabetic issue that can mimic drunkenness and/or something more serious.</p>
<p>In a lot of states, ANY amount of alcohol is sufficient for a citation for an underage drinker and the exact amount is not important. The officers may have the reading in their notes which they MAY refer to if they need to testify in court.</p>
<p>Both my S’s got underage consumption citations. Both paid to go to a Drug and Alcohol Education class and got the citation dismissed. I think that is fairly common (at least in our state) for a first time offense. S1 said he thought everyone on his freshman dorm floor attended the class (offered on the campus of his big state u) at some point during the year.</p>
<p>Getting it dismissed means that they won’t have to check a box on any kind of application that asks if you have been “convicted” of any misdemeanors/criminal acts.
We did get a lawyer for S2 (who was still in h.s.) but S1 handled it completely on his own and we never knew about it until it was all over and done with.</p>
<p>I do think you should talk with a local attorney to understand all the repercussions. In some states, you can lose your drivers license for a period of time for this type of offense - even if there was no possibility of driving (and some states have reciprocal arrangements with other states for enforcement of the drivers license suspension). The breathalyzer level might not have been recorded because in some states having any alcohol in your system when underage (level doesn’t matter) is a violation. In some states, you can ask the judge to be placed in a program which would enable the charge to be dismissed if you complete an alcohol education program.</p>
<p>My son’s experience was like PackMom’s. He got a citation on campus for underage consumption when he was a freshman. I sent the dean of students an email asking for advise and was advised that he could take a course and get the charge off his record. The college also had a lawyer on campus a couple days a week that advises students for free. My son took the course, and the infraction didn’t go on his “permanent record”.</p>
<p>My home town has two LACS and is in a different state than where my son went to school. I think they both have similar arrangements with the city prosecutor to keep first infractions off the record.</p>
<p>One local college official told me that there have been times when a single underage drinking infraction has been a deal breaker for getting a job, an internship or admission to grad school.</p>
<p>I would hope that any parent who’s child gets a citation, especially if they required an ER visit would do the best they can to keep an eye open for other problems signs of alcohol abuse. Yes, many college students drink to excess–and yes, most of them survive unscathed. But there are those who don’t.</p>
<p>Definitely agree to check the state/local regulations where your son is located. In Michigan it’s not a small matter while in other states the consequences are a simple fine. The fact that there was enough concern to involve the police and an ambulance is alittle scary to me or your son is in a place or college that has very low tolerance in which case it would be wise to understand the local and state regulations as well as the college imposed consequences.</p>
<p>I strongly recommend that your son (and anyone with any criminal charge more than minor traffic violations) get a lawyer immediately - today. As a lawyer, I have heard of too many “minor” charges that became real problems. Also, as a prisoners’ rights/civil rights lawyer, I know that bad things happen to good people in jail, and the arbitrariness of who is sent to jail for what offense exceeds even the arbitrariness of the college admissions process. </p>
<p>The college should be able to give you some idea of lawyers to call, and if not, call the bar association of the city where your son is located. If there is a law school at your son’s school, or even in the state, you may want to try calling a criminal law professor there for recommendations. Your son really needs legal advice to protect his rights and his future.</p>
<p>If you want more specific thoughts, please feel free to send me a private message.</p>