Underage Consumption of Alcohol in West Virginia

[raymond123]

My question involves criminal law for the state of: West Virginia

I am 18 and go to West Virginia University in Morgantown. The other day, I was drinking at a party. I left a party and was sitting on the curb outside waiting for my friend to come out. 5 police officers walked up out of nowhere and asked me if I had been drinking. I said no (not sure why I did this). He asked me again. I said no again. He took to fingers and waved them in front of my face and said follow my finger with your eyes. I did it, but I do believe I turned my head a slight bit because I was caught off-guard. 3 police officers were standing around me saying I was drunk. They kept asking me if I had been drinking. It was very intimidating. Eventually, I said I had one beer. He wrote me a citation for Underage Consumption of Alcohol. I never took a breathalyzer test.

How can I get out of this? Can't I just say that I wasn't drinking and that I only said I had a beer because I was intimidated by the police officers?

[LawResearcherMissy]

Can't I just say that I wasn't drinking and that I only said I had a beer because I was intimidated by the police officers?

Won't fly.

If you confess to a crime, you can expect to be punished for it.

[BOR]

How can I get out of this? Can't I just say that I wasn't drinking and that I only said I had a beer because I was intimidated by the police officers?

You only get out of it if you plead not guilty and are found not guilty.

Your statement alone is not sufficient if you choose to assert your 5th AM right to remain silent at trial should you plead not guilty.

This obviously is a CRIMINAL charge, therefore the govt. must prove you guilty beyond a reasonable doubt.

Without other evidence of drinking, smell of alcohol on you, a can/bottle nearby, etc. they may not meet thier burden.