Can a judge add an underage drinking charge in court after only being charged with OWI?

Asked over 4 years ago - Hartford, WI

I'm 20 years old and was recently pulled over and arrested for OWI. I blew a .09 so I was .01 over the legal limit. The officer only charged me with the actual OWI, nothing for underage drinking. I plan to go to court, not to fight the charges against me but just to tell my story and show that I'm doing things, taking AA classes etc, to better myself. Someone told me that the judge could add an underage drinking charge onto my original charges, is this a possibility? If so, would I be better off just paying my ticket and not going to court?

Attorney answers (1)

  1. Juan Carlos Garcia Jr

    Contributor Level 15

    Answered . I would recommend that you contact a criminal defense lawyer regarding your case. Normally, the prosecutor's office decides what charge(s) you're facing, not the court. Normally, the court does not add charges in a criminal case. Before telling your story in court, you should contact an attorney to try to get the best possible result in your case. A conviction for an OWI could having significant consequences for you so you want to be sure to know all of your legal rights and defenses.

    Juan Garcia Jr.
    Attorney At Law

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