Minor Caught With Alcohol in North Carolina

Hello, recently I have been charged with underage possession of alcohol in the state of North Carolina. An officer observed my girlfriend and I walking down the street to her house with me supporting her due to her having difficulty supporting herself because of her alcohol consumption. The officer stated that he smelled alcohol from us both and asked us to take a breathalyzer test. I declined to consent. No field sobriety test was given. My girlfriend was searched and a cork from a wine bottle was found in her bag. No alcohol or paraphernalia was found on me. Regardless, we are both being charged with possession of alcohol. It seems to me that they don't really have much of a case against me, so I'm wondering what my chances of beating the charge in court are.

edit: I'm 19 by the way.

You would have been best off taking the breathalyzer to prove you were not consuming alcohol. Since you refused, you have no proof that you were not drinking.

The burden of proof lies upon the accuser, no?

True. But your refusal to take a breathalyzer works against you.

You could be losing your license for a while. You need a lawyer in your area.

You never actually state that you HADN’T been drinking, only that, in your opinion, there was insufficient evidence against you. So, I’m am making an assumption that you HAD, in fact, been drinking. Because of that assumption, I think that your chances of beating the charge are slim. Let me explain why:
1) You state that the officer said he could smell the odor of an alcoholic beverage from both your friend and you. Therefore, that will almost assuredly be part of his/her testimony. I would seem likely that the officer has smelled the odor of alcohol from people who have been drinking many times before, and, therefore, would be considered a credible witness in identifying that odor. Remember, the cop doesn’t have to give evidence that you were “drunk”…only that you had consumed alcohol in ANY amount.
2) The officer will also likely be able to testify to other observable symptoms of your alcohol consumption. Most everybody can tell when someone has been drinking after even only a few moments of interacting with them. I’m sure you can do it yourself. But, most cops also have had at least some training and experience in articulating those observations in court.
3) the fact that your friend was observably impaired and had physical evidence of alcohol possession on her person is admissible testimony against you and is pretty incriminating.
4) you refused to agree to a test that would have exonerated you if you, in fact, had not been drinking. I am assuming you are charged with violation of 18B-302(b), which reads:

“It shall be unlawful for:
(1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or
(2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or
(3) A person less than 21 years old to consume any alcoholic beverage.”

However, if you read down to 18B-302(j), it says:

“Notwithstanding any other provisions of law, a law enforcement officer may require any person the officer has probable cause to believe is under age 21 and has consumed alcohol to submit to an alcohol screening test using a device approved by the Department of Health and Human Services. The results of any screening device administered in accordance with the rules of the Department of Health and Human Services shall be admissible in any court or administrative proceeding. A refusal to submit to an alcohol screening test shall be admissible in any court or administrative proceeding.”

Again, the cop only has to convince the court that you had consumed any amount of alcohol. All of the above, taken together, is quite the opposite of your initial belief that “It seems to me that they don't really have much of a case against me.”

I would suggest that you consult an attorney about the possibility of a diversion program or other alternative sentencing.