Minor in possession

Yes, you can still be charged with the crime of minor in possession of alcohol. The state has up to two years to charge you with a gross misdemeanor. You don't say how much under 21 you are. If you are under 18, it may be filed in juvenile court. If you are over 18, it will be filed in the municipal or county district court. If you are convicted of this offense, it can also result in a suspension of your driver's license. I strongly suggest you not talk to anyone else about the specific facts. There may be legal defenses depending on what evidence the officer collected and whether it is admissible in court. For example, there are legal challenges to a portable breath test, and to his "justification" of having you blow into it. It sounds like he destroyed the evidence of the actual alcohol you possessed. If you are charged, you absolutely should obtain a lawyer. If you cannot afford one, find out how to have a public defender appointed. The statute is below: § 66.44.270. Furnishing liquor to minors -- Possession, use -- Penalties -- Exhibition of effects -- Exceptions (2) (a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW. (b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section. (3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW. (4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist. (5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service. (6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

The statute of limitations for a Minor in Possession charge is 2 years. That said, normally, if the State (Prosecutor) intends on filing the charge, it occurs sooner rather than later. Because you do not indicate how old you are, I do not know if this would be a juvenile or adult offense. If you are a juvenile, I suggest you tell your parents about this. If you are an adult, I suggest you speak with a criminal defense attorney in private.

Yes you can still get a ticket but in this type of case generally the officer would cite you on the spot, they don't have to but I don't really see why they wouldn't just go ahead and give you the ticket. There are two ways to prove an MIP, 1) showing the effects of having consumed alcohol in public and 2) being in actual possession of alcohol. It looks like they kind of got you on both. Don't worry about that though. Really, in an MIP case the prosecutor looks more at what kind of history you have and things like that. Even if you are charged any decent attorney should be able to get you a good deal if you have a clean record and are willing to maybe do an alcohol class. My best advice is to not worry about anything unless and until you get a ticket. I spent a Memorial Day weekend in Chelan once back in my college days. Glad you made it out alive. That is a wild one.