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What should I plead to second underage if they never breathalyzed me?

Washington, PA |

I was at a party where underage drinking was taking place. I am 20 years old. Everyone else was drinking. They asked me if I had been drinking, I said yes, everyone else said no. Now I'm the only one being charged and it's my second offense. I can't afford to lose my license another full year. Can I get it dropped to a disorderly or altogether if I say the right thing?

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Attorney answers 5

Best Answer

I would recommend pleading not guilty and contacting an attorney in Washington, such as Attorney David DiCarlo. Police do NOT have to breathalyze you to have sufficient evidence to prove you guilty beyond a reasonable doubt. You can review more information about that issue by clicking a link below. Arguments can be made to try and obtain a favorable verdict for you, but you need to discuss the facts of your case with attorney so he can access those which arguments would work. For example, how did the police interact with you, so was it a "mere encounter" or an "investigative detention." If they detained you unconstitutionally, then your lawyer could argue that all evidence should be suppressed. An attorney may be able to argue that you cannot be convicted based upon your statement alone. Take a look at Underage cases that I have won using various arguments on the Underage Drinking Success Stories below. A good defense attorney in that area can made the same arguments to possibly obtain a not guilty or use them as leverage to try and modify the charge to avoid the license suspension. I recommend contacting Attorney DiCarlo at 724-229-5038 or another attorney in that area.

Jason S. Dunkle, Esquire
JD Law, P.C.
State College, PA 16801
(815) 954-7622

The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.


You should plead not guilty. An attorney will be able to help when it comes to any defenses you may have or with seeking the best resolution to the case. As far as getting it dropped or getting the charge reduced, you are better off to have the assistance of counsel in pursuing such a result rather than trying to say the right thing in front of the judge.


You should hire an attorney to represent you. There is a chance that they can take mercy on you, but with this being the second offense, do not count on it. You may have some issues that can defeat the Commonwealth's case.


You need local counsel because the result will be a one year license suspension if you are found guilty.
Good luck


Please consider the responses of my colleagues which suggest you promptly contact an attorney to discuss your matter. Good luck to you.

No attorney/client relationship is formed between the attorney responding to this question and the individual asking the question.