Underage Possession of Alcohol in Virginia

My question involves criminal law for the state of: Virginia

Hey, I am seventeen years old, and a couple days ago I was attending my final homecoming as a senior. The dance went great, and after the dance I attended a huge homecoming party. The party, being off at a house in the middle of the woods seemed to be a good idea. The parent was taking everyones keys who had been driving. I did not drive, my friend drove, whom upon arrival turned in his keys. The party took place outside and inside, we were to be sleeping in tents set up across the yard. I had two beers to drink. While I was sitting in a tent with a bunch of friends, we heard the police and immedietly exited the tent and entered the home. About fourty people were in the house when several cops came inside. The officer then passed around a notepad for to all write our names and dates of birth. Later he told the minors to contact our parents, whom had to come and pick us up. As parents began to arrive, the officer took out a breathalyser and began testing us. I blew a .04 and was given a summon to court on the morning of halloween. I recieved this as well as almost 20 other people. Others will be going to court on December 11th if they were eighteen years old or older.

I have several concerns with the processes of the police officers.
1. They did not switch the tubes on the breathalyser in between use of different people.

2. Also, one kid, claiming to have potential ability to get into a college was released although he blew a .02 into the breathalyser. Another girl, a year younger than I blew a .08, but since she was crying the officer let her off as well. There were others that were let off the hook as well.

If I am to plea not guilty in court, would these occurances help lower the consequences?

Am I likely to have a suspended license?

Is it worth it to hire a lawyer?

Your feedback will be greatly appreciated. Thank you!

Any criminal charge is worth hiring an attorney. Without one, your chances of successfully arguing your point(s) are pretty much nil.

Yes, hire an attorney. If you cannot afford one, plead not guilty and request that one be appointed you.

thank you, I am leaning towards hiring an attorney. If infact, my licsense is suspended. Will the attorney be able to reduce it, perhaps from a six month suspension to a three month or to none at all? I wonder this because no car was involved in the situation at all. but im sure, by law they usually do suspend liscenses

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Quoting mamdunks

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I have several concerns with the processes of the police officers.
1. They did not switch the tubes on the breathalyser in between use of different people.

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You can try to complain... but really? No.

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2. Also, one kid, claiming to have potential ability to get into a college was released although he blew a .02 into the breathalyser. Another girl, a year younger than I blew a .08, but since she was crying the officer let her off as well. There were others that were let off the hook as well.

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I dunno. Maybe they weren't complaining about having to use the same tube.

Officers have a great deal of discretion.

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If I am to plea not guilty in court, would these occurances help lower the consequences?

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No. But, if you are really lucky, the people that were let go will get charged based upon your testimony.

Wouldn't that be nice?

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Am I likely to have a suspended license?

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Almost guaranteed.

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Is it worth it to hire a lawyer?

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Always.

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2. Also, one kid, claiming to have potential ability to get into a college was released although he blew a .02 into the breathalyser. Another girl, a year younger than I blew a .08, but since she was crying the officer let her off as well. There were others that were let off the hook as well.

I dunno. Maybe they weren't complaining about having to use the same tube.

Officers have a great deal of discretion.

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No one at the time was complaining about having to use the same tube, its just bits and pieces of the disorganized bust that several of us have put together. People were being let go, others were given summons; seemingly unfair and makes no sense.

Ya, the same thing happened to me a few months ago. I lost my licence for a year because they changed the law over the summer. I was also given 25 hours of community service. It sucks man, I got a moped to ride to school and its very embarassing but it serves its purpose. I hope this helped!

hey thanks for the response. in most cases, is the liscense taken away for a year? and i was thinking about getting a moped as well hah. You don't need a liscense and it needs to be 50cc, correct?