MIP, No Breathalyzer or Alcohol in Possesion

My question involves criminal law for the state of: New Hampshire
So here is what happened:

Short Version: Was walking home after a few beers, stopped by cops on side of road at 2AM. Had no alcohol in possesion. Got arrested for a MIP, did not take a breathalyzer. Spent 12 hours in jail. Will it go on my record? What should I plead in court...I feel as though they don't have a case.


Long Version:I am up in NH, drinking a few at a friends house (probably had 2), and a few hours after we decide to walk home rather than drive as it seems like the smart thing to do at the time.
It is a short 2 mile walk and we were about halfway there when a cop stops us and asks us what we are doing. We tell him we are walking home and he asks if
we would like a ride...so we think hes a good cop. He then asks if we've been drinking and my friend innocentley reponds ya a little. The cop then looks at me
and says how bout you, I say ya a little. So next thing I know he is shoving a breathalyzer in my face, which I refuse to take. I submit to the old follow the pen with
your eye test...and fail. But has anyone ever passed? I never talked to cops, was nevervous as hell, for what is worth was not feeling drunk at all, and had
a LED flashlight an inch away from my eye. Cudos to anyone who can do this, intoxicated or not. So next thing I know I am getting arrested and spend the next 12 hours
in jail.
So I am wondering what I should plead in court, I never took a breathalyzer so do they have any real evidence? And is this going ot be on my record,
or is there a way i could get it off?

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Quoting madore9

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My question involves criminal law for the state of: New Hampshire
So here is what happened:

Short Version: Was walking home after a few beers, stopped by cops on side of road at 2AM. Had no alcohol in possesion. Got arrested for a MIP, did not take a breathalyzer. Spent 12 hours in jail. Will it go on my record? What should I plead in court...I feel as though they don't have a case.


Long Version:I am up in NH, drinking a few at a friends house (probably had 2), and a few hours after we decide to walk home rather than drive as it seems like the smart thing to do at the time.
It is a short 2 mile walk and we were about halfway there when a cop stops us and asks us what we are doing. We tell him we are walking home and he asks if
we would like a ride...so we think hes a good cop. He then asks if we've been drinking and my friend innocentley reponds ya a little. The cop then looks at me
and says how bout you, I say ya a little. So next thing I know he is shoving a breathalyzer in my face, which I refuse to take. I submit to the old follow the pen with
your eye test...and fail. But has anyone ever passed? I never talked to cops, was nevervous as hell, for what is worth was not feeling drunk at all, and had
a LED flashlight an inch away from my eye. Cudos to anyone who can do this, intoxicated or not. So next thing I know I am getting arrested and spend the next 12 hours
in jail.
So I am wondering what I should plead in court, I never took a breathalyzer so do they have any real evidence? And is this going ot be on my record,
or is there a way i could get it off?

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How old are you?

What code section were you cited for?

Often enough, being intoxicated by alcohol is included in conjunction with having physical possession. In other words, if you smelled like alcohol, and you obviously had some on you (in your system), it would be easy to articulate the you were "in possession"!

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So I am wondering what I should plead in court,

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Get an attorney and plead Not Guilty.

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I never took a breathalyzer so do they have any real evidence?

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Besides you TELLING the cop that yes, you had in fact been drinking? Having it in your system is "possession", as That Guy notes.

Unfortunately I am 20 and just a few short months from being 21. I never heard anything about being cited for a specific code section, the charge was just Minor in Possesion. But the fact that I told the cop I had drank a few that night should not neccearily declare possesion should it? It could have been well out of my system at the point I was arrested which would mean I am no longer in possesion? And does me saying that to a cop really hold up in court? If you want to get technical he asked if I had anything to drink, I saw a few...there was no specification of alcohol at any point

Btw, thanks for being helpful and responding quickly...I know I "shouldn't" be drinking underage, but the reality is many people do and I already did (regreatebly so).

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And does me saying that to a cop really hold up in court?

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Yes, it really does.

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If you want to get technical he asked if I had anything to drink, I saw a few...there was no specification of alcohol at any point

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Oh, kiddo, no. An argument about semantics is NOT going to fly. It's widely understood that when you're asked if you've "been drinking", you're being asked about alcohol. No judge in the universe is going to buy the idea of "but I was actually talking about water!", and any that you would try it on will gleefully tear you an extra orifice or three in open court.

Seriously, don't even think about it.

Not kidding about the attorney.

Alright I understand that but when your getting arrested it implies you have possesion at the time of arrest, does it not? I may have admitted to drinking that night but where is the proof that I still had any in my system? I'm not trying to disagree with you, I just do not understand how they can prove that I had "internal possesion" beyond a resonable doubt?

You're grasping at straws. You TOLD the cop you had been drinking, and he likely asked to begin with because he smelled it on you. Doesn't matter if it was five minutes ago or five hours ago, you were still in possession.

One more time: ATTORNEY.

You can argue with us til the cows stand up on your front lawn and give a rousing rendition of the Hallelujah Chorus. It's not going to change your situation in the slightest. You broke the law, you were caught fair and square, and now it's time to take responsibility instead of hoping for a way to weasel out of it.

Thank you for your help, I will most likely just lawyer up...since I get a 25% discount through work it shouldn't be to bad.
I am just wondering what is the likelyhood of getting a diversion program seeing as how this is my first offense? You may not know, but is this something a lawyer can assist me in getting?

i do have one more question regarding this issue, that i would really appreciate if someone anwsered. If i choose not to get a lawyer and just plead guilty is it still likely to get a diversion program or is that something that I need to plead not guilty and try to fight for?

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If i choose not to get a lawyer and just plead guilty is it still likely to get a diversion program

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Absolutely not. If you plead Guilty, you force the court to impose sentence. You'll earn yourself a criminal record AND you'll lose your drivers license for a minimum of 90 days, in addition to court costs and fines.

Don't do that.

Attorney. You NEED an attorney. Persistence is great in many things, but persistent refusal to do what you need to do is not. You'd really do well to learn that, and minimize the damage you'll cause to yourself.