I was administered 2 Breathalyzers, both failed. So I was stuck with that ticket. I admitted to drinking but I do not think he recorded that anywhere.
To convict you of a crime, the State has to prove beyond a reasonable doubt that you possessed alcohol. Without the breath test, all they would have to go on is your admission. However, a good lawyer should be able to cast some doubt on that. If you are underage, how does the officer know that you even knew whether what you had was alcoholic or not? Can you name all the brands of non-alcoholic beer on the market? If someone handed you one and you drank from it, would you know the was no alcohol in it?
You should also check out my legal guide on Diversion Programs and expungement, as it may be relevant to your case.
Either way, you should hire a lawyer to help you through this.
Your admission is what the officer is depending on to accuse you of possessing (drinking) alcohol while being under the age of 21. If you can afford counsel, you should consider hiring an attorney to possibly resolve this matter in a way that does not affect you negatively in the future. Best of luck to you!
First - you should retain an experienced Criminal Defense Attorney to represent you!
Second - Your "admission" to drinking will be the main evidence used against you in court. I advise clients to not take any field sobriety test "breathalyzer" or admit to drinking in this type of situation. If the officer didn't find any alcohol containers in your possession and you weren't overly specific in your admission to drinking you may have a viable defense. An experienced criminal defense attorney in your area may be able to address these issues and obtain a favorable result.
Finally - a conviction will remain on your criminal history in Georgia for the REST OF YOUR LIFE! Please take these charges seriously and make every effort to defend yourself!
Good Luck!!! George McCranie www.mccranielawfirm.com
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