My friend and I were at a friends house drinking and we are both under aged. We decided to call our other friend to give us a ride home. The driver was completely sober he had not been drinking anything. He stopped perfectly at a stop light. When this car hits us. The cops showed up and took pictures then he smelt the alcohol in my friend and I and our driver explained how he was taking us home because we had been drinking. He then told my friend and I he was letting us off with a warning because he was once a teenager and did dumb stuff. He did not make us take any form of test. He asked for my ID but he did not take a picture or scan it. Our driver only had a permit so he needed someone that has a license.
If the officer just gave you a warning and let you go, the matter appears over and nothing else will likely happen. Appears you caught a break. Hopefully, you learned a lesson and won't repeat the same mistake.
Generally an arrest will not be made for a minor possessing alcohol. However, the determination to charge or not charge a crime rests with the prosecuting attorney, not the officer. There seems to be probable cause from the facts you have described, but that may or may not be enough evidence for a conviction.
If you receive notice that you are being charged then you should contact an attorney immediately.
The above is merely a legal opinion, and the person asking the question should contact an attorney to fully develop the facts of the case to make certain any legal action you take is right for your situation. The above opinion is not meant to establish an attorney-client relationship, and no inference of such a relationship should be made in that regard. No action will be taken on your behalf to forward your case, and you should be aware that time may be of the essence regarding your case.
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