Underaged, Not Breathalyzed

[BG33]

My question involves criminal law for the state of: Pennsylvania

So me and 4 other friends were caught drinking in a hotel. While they came in, nobody had drinks on them, there was alcohol everywhere. We were very cooperative with the police. We were not breathalyzed nor arrested. They just took us home. We were all charged with underage drinking. It would be all of our first offenses. Nobody in the hotel was under 18. I was wondering if they can charge us with underage drinking if we were never breathalyzed? On top of that, is there a way we can have it so our license isn't suspended, because we are all working, school going, license dependant people. I pleaded not guilty and have a court case next month, but the real reason I did that was to see if they would be lenient on not suspending my license. Any information would help me here, thank you.

[free9man]

My question involves criminal law for the state of: Pennsylvania

So me and 4 other friends were caught drinking in a hotel. While they came in, nobody had drinks on them, there was alcohol everywhere. We were very cooperative with the police. We were not breathalyzed nor arrested. They just took us home. We were all charged with underage drinking. It would be all of our first offenses. Nobody in the hotel was under 18. I was wondering if they can charge us with underage drinking if we were never breathalyzed? On top of that, is there a way we can have it so our license isn't suspended, because we are all working, school going, license dependant people. I pleaded not guilty and have a court case next month, but the real reason I did that was to see if they would be lenient on not suspending my license. Any information would help me here, thank you.

It's unlikely, unless you get the charges dropped, that you will be able to avoid a license suspension. You will have to see about applying for a restricted license (or whatever PA calls it) to use to go to work. But be aware that if you are caught using it for anything BUT going to work, even going shopping, you will most likely lose it again.

If they talked to you and smelled alcohol on your breath then that is all the PC they need to charge you. If you and your friends were all underage, and there was no one else in the room, with a bunch of alcohol (open/empty/etc) then its pretty obvious to officers and will be to a judge and jury who was doing the drinking. PA's underage drinking statute does not require a breathalyzer...heck you don't even have to have consumed just be in possession.

[BG33]

It's unlikely, unless you get the charges dropped, that you will be able to avoid a license suspension. You will have to see about applying for a restricted license (or whatever PA calls it) to use to go to work. But be aware that if you are caught using it for anything BUT going to work, even going shopping, you will most likely lose it again.

If they talked to you and smelled alcohol on your breath then that is all the PC they need to charge you. If you and your friends were all underage, and there was no one else in the room, with a bunch of alcohol (open/empty/etc) then its pretty obvious to officers and will be to a judge and jury who was doing the drinking. PA's underage drinking statute does not require a breathalyzer...heck you don't even have to have consumed just be in possession.

How could I possibly get the charges dropped? I'm hoping maybe the officer who wrote the citation will change the charge or something..

[aardvarc]

The DA is the one who decides what actually gets charged...but why would the DA want or need to change anything? (Remembering that DAs get paid to prosecute, particularly when relatively open/shut such as a possession charge.)

[BG33]

What I don't want to happen is my license being suspended. I'm willing to pay anything or do community service to save my license from suspension. Maybe it's possible that the police will give me a slap on the wrist and change the charge to disorderly conduct?

[vincedia]

A lot of times a good lawyer can talk a DJ into a negotiated plea. If they know how to spell it out for the officials you can walk away with no license suspension. I have seen large groups of underage children with alcohol charges from the same party get two completely different charges, the only difference being one group got a lawyer, the others did not.

The judge has the ultimate say but the officer can make all the difference. Talk to them both, show them why they should cut you a break.

Take some alcohol courses prior to your hearing. Do some self imposed community service. Bring letters of recommendation from well regarded people (teachers, politicians, etc.) Have your parents, grandparents, siblings, and teachers in the court room, point them out to the officer and judge.

If this is your first violation, and you do get convicted, you might be able to get a work license for school purposes. It will depends on your driving history, but the limited work license will let you drive from home to work to school and back.

These are all things I have seen work in the past.

Good luck,
Vince

[tc498]

The person above response is the best way to go about it,I won't count on the charges being dropped,maybe they can plead to something else like the guy said. Be ready to spend a good chuck of money on a lawyer to see if they can arrange something for you,