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Criminal Law/information regarding under age drinking

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Expert: - 4/21/2008


Question
Hi, I was arrested 2 days ago for under age drinking.
But in this case i was not drinking any alcoholic beverages.
The law enforcement officer gave me a breathalyzer test on which i scored a 0.007. Or this is what he told me. He did not show me the test did not read me my rights when he put me in hand cuffs. He also denied me my right to a blood test. I don't know if there is any way that this could be a false charge. Thank you for reading and i will await your return.

Answer
Tyler,

  I think that you are confusing an arrest for drunk driving and your case involving underage drinking.  The standards and the way that the state proves its case are different.  In many states in cases of drunk driving the suspect/defendant has the right to choose what kind of chemical test to take thus your confusion about a blood test.  I doubt seriously if the state is going to pay for a blood test for a simple case of underage drinking.  These tests cost money and that is why they are reserved for serious cases.

  Secondly there would be no need to advise you of your rights.  You probably have gotten that idea from television.  The only time that a police officer is required to advise someone of their "rights" is after they have been arrested, before they are going to be questioned, and when the state wants to use the statement in the case against the defendant.  So obviously none of those requirements are met in your case.

  I don't know how old you are but if you are under 18 your parents certainly should be involved in deciding what happens in court as far as retaining an attorney, etc.  If you are over 18 keep in mind that being found guilty of this charge will probably give you a criminal record for the rest of your life.  A minor charge?  Yes, but it is still a criminal offense.

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Jack Toomey

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Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

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I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

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Bachelor of Science degree in Criminolgy from the University of Maryland.

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