I got an underage but was never breathalyzed. can I get out of it, or plead to a lesser charge so I can keep my license?

Asked almost 2 years ago - Meadville, PA

I got an underage at 12:30 p.m because I tried to take a cookie from Sheetz and got caught. I gave it back and was charged with theft but the officer said he could smell alcohol on me. I told him I was visiting my friend at Slippery Rock and that I was from Allegheny College and that I did not have a drink since 5 p.m. and the reason he could smell it was because there was some spilled on me because everyone was playing a game. He made me stand up and watch his finger as he went from side to side and I did not move my head or blink. I did not slur any words and that was not indicated on the citation. He said my eyes were blood shot but they always are and I could prove that if I went to court. He did not use a Breathalyzer on me and I had to walk home when he was done writing me up.

Attorney answers (5)

  1. Robert C. Keller

    Contributor Level 20


    Lawyers agree

    Answered . Stop writing incriminating information on line and retain a criminal defense attorney. You do have options and want to avoid a conviction. The attorney will be able to defend you. Good luck.

  2. Jill Dominique Sinatra

    Contributor Level 9


    Lawyers agree

    Answered . Underage drinking is not contingent on your blood alcohol content, so the failure of the police to administer a breathalyzer will not matter. However, there are other issues that you should discuss with an attorney that may assist you in fighting this charge. Many lawyers, including my firm, offer free consultations and I highly recommend that you contact someone. The following is a link to my website which discusses underage drinking charges in greater detail. There is also a link to an application for a PA "bread and butter license" that will allow you to drive to work and school in the event you receive a license suspension. http://www.fuchelandsinatra.com/Criminal-Defens...

  3. Stewart C Crawford Jr.

    Contributor Level 17


    Lawyers agree

    Answered . I would follow the advice of both counsellors Keller and Sinatra

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  4. Charles K. Kenyon Jr.

    Contributor Level 20


    Lawyers agree

    Answered . I agree with Mr. Keller. You want to stop posting facts about this online and talk with a local lawyer about it as soon as possible. This sounds like a case where, with the help of a lawyer, you can get a favorable result. They do not have to follow certain steps to obtain a conviction, they do have to prove you guilty, though.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

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  5. Christopher M. Patterson

    Contributor Level 14


    Lawyers agree

    Answered . If you have not already done so, speak about this to an experienced criminal defense lawyer and do not discuss the details with anyone else. Good luck.

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