MIP Charge in Washington State

My question involves criminal law for the state of: Washington State

I was walking the street on my college campus with my friend and we both had red cups. His only had water and mine had red bull and vodka in it. I am 20 years old and I did not have my identification on me. As we were walking two police officers on bikes stopped us and asked to check our cups and smell them. I immediately panicked and after they smelled my friends cup of water I poured mine out. I did not tell him there was alcohol in there but he grabbed my cup and smelled it. As the police officer approached me and asked me questions about my name,age, location, etc to do a background check. At first I told I was 21 (I know stupid) but after he did a check he knew I lied, cuffed me, and read me my rights. He did not mention a Breathalyzer nor did he give me a ticket. He did say that that it will be in the mail. This is my first time offense and I would do what I can to keep this off my record. What do I even do? Am I able to defer this? Should I plead guilty? I am very concerned about this and in need of some ideas. Much appreciation, thank you.

You apparently weren't concerned about this when you were cheerfully walking around with a cup of booze in your hand.

Hire a lawyer.

I have to agree with Jack…the time to worry about keeping this “off my record” was before you decided to indulge. I know the argument that just about everybody (myself included) at least sampled an alcoholic beverage once or twice before the age it was legal to do so. I also appears that you were being “responsible” (and I use that term loosely) in that you were not driving, had not over indulged, or engaged in other illegal shenanigans while indulging. However, you DID know that it was illegal and had potential negative consequences…and chose to roll the dice anyway. So, that ship has sailed.

RCW 66.44.270 (2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.

The cops did not need a “breathalyzer” or any other chemical test to charge you with this section. The cop’s testimony that you cup (or your breath) smelled of an alcoholic beverage, or that you showed ANY other physical effects of having consumed alcohol is sufficient. But, that is not the only potential consequence you face.

RCW 9A.76.020 (1) A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

or

RCW 9A.76.175 A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.

Providing a false date of birth to the cop is a violation of either or both of those statutes, as well.

Now, some questions…what agency was on the officer’s patches? Specifically, were they city police/county sheriffs or campus cops? If campus cops, what school? The answer to that question could make a significant difference as to what you may be charged with and where it will be adjudicated. If campus cops, it is possible that the matter will be referred for school discipline rather than criminal court.

If they were not campus cops, then you will have to wait to see what charge(s) are on the citation you get in the mail (if any citation is even issued). I HOPE that you did no lie about your address (or use an old address where you no longer receive mail) in the mistaken belief that if you never get the citation you cannot be charged! The citation will still be issued and a court date will still be set – if you don’t show up, a warrant will be issued for your arrest!

If you are charged in criminal court, you do not seem to have any hope of beating it. However, an attorney can likely negotiate a pretty good deal for you. It will likely cost you a bit of money, though. It is likely that you will have to attend alcohol classes (which you pay for), maybe perform some community service (which you pay for the privilege of performing), pay court costs and fees, and complete a period of probation (that may also have monetary costs). It is also almost certain that you will have your license suspended for a while. However, in exchange, your attorney can likely negotiate that you do no jail time and, at the end (presuming you successfully complete ALL your court ordered requirements within the specified time), the charge is dismissed and you avoid a conviction record.

Yep...if you get Community Service...well, someone has to supervise you, so....yep, you pay....