Found an issue on this page? Let us know and we will look into it as soon as possible.
Should I fight my underage drinking ticket? I never got breathalyzed.
Anonymous9 views4 answers
I was walking back from an on campus apartment, from drinking, walking a friend back to his room before I went to mine. We were unaware of the on campus public safety who was following us until he followed us on a sidewalk between two dorm buildings. He then stopped us and asked what we were doing. Me and my friend both said heading back to my room to go sleep, but the officer said that he knew that we were drinking and asked what kind of drugs we had on us. He said he would give us a warning if we just told the truth, or would give us a breathalyzer if we didn't tell him and he would get us for something else. so we both said we had a few beers. then he said he was going to give us the breathalyzer. But neither of us took a breathalyzer test and were just sent on our way.
You should be careful to not post statements that could be used to incriminate you. Police and prosecutors can see this site to and use your statements as admissions. You should talk to a defense attorney in your area, even misdemeanor convictions can have serious long term consequences, it is important to avoid conviction if at all possible.
police are allowed to trick lie and connive to get confessions. They don't have to breathalyze to prove you were drinking. And since you are under 21, that's all they need to show.
Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
With respect to the other answers posted, none of those attorneys practice in WI. I do.
I do, however, agree with the attorney who said not to make incriminating statements to the police. In fact, you should not be posting so much detail about your case online. Anything posted online may be used against you in court.
All the prosecutor has to prove for a conviction is you are underage, and you were drinking. Your confession is enough, especially considering the burden of proof is something less than beyond a reasonable doubt. The burden in civil cases is clear and convincing evidence.
Underage drinking is a civil violation. Inasmuch, hiring an attorney will generally cost more than paying the citation. Whether you want an attorney depends on a cost/benefit analysis. In most jurisdictions, the prosecutor will offer to amend the charge or at least to drop the driver license suspension, if you undergo an alcohol education course. For some jurisdictions, this is a modest time commitment of a few hours. In others, the time required is more substantial.
For more specific advice, consult with local, experienced criminal defense attorneys directly. They also handle these types of cases.
Good luck!
