Me and five of my friends had a little to drink, I myself had a BAC of .03. we were walking through our college campus not causing trouble or being disruptive, I was simply showing my friend around campus. One of my friends decided to go under an information kiosk and stand in it because it was hollow. the rest of us followed for some reason and when i got out there was a Police officer standing there. none of us were stumbling being rowdy or disrespectful to the officer which to my thoughts gave him no probable cause to breathalyze us. he simply asked if we were drinking and not wanting to lie to the officer we said yes. Along with forgetting the breathalyzer and making us wait for another officer to get one he did not sign my ticket. the offense is underage consumption of alcohol
The facts of your question are insufficient to render a complete answer (don't reveal further facts here). You need to hire a local criminal attorney immediately to fight your cause (including attempting to suppress any evidence that may have been illegally obtained). With any luck this case will be dismissed.
The officer doesn't need probable cause to ask you if you drinking. He asked you and you obliging said "Yes.." Voila! The officer now has probable cause because you confessed.
I agree that you want to consult with a local criminal defense lawyer about this. Now.
Probable cause? I think so. I am assuming you appear to be not above the legal drinking age and you told the officer you had been drinking.
Note, wise to tell the truth if you answer, but you do not need to answer. See the link below about talking to police. Watch the videos - perhaps with your friends!
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In addition to the answers provided by the other attorneys, you should be aware that a year license suspension will result if the offense is reported to the SOS.
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