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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Underage Possession of Alcohol: Denied Drinking and Denied Breathalyzer

    My question involves criminal law for the state of: Virginia

    I am 20 years old and was at a party that had both underage and of age drinkers. The cops busted it and I was one of the ones they caught. I was not near any alcohol and this being my second offense in the past 2 years for underage possession, i decided not to blow in the breathalyzer. I denied drinking and still got a citation to go to court. Two people before me both blew 0.0's and also denied drinking.

    What do you guys think will happen to me in court? I don't want to take the deal for pre-conviction probation and i want to plead not guilty--they have no proof-- but I'm not sure what would happen if I lost after pleading guilty. Getting a lawyer is not an option, I don't have the money. Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Underage Possession of Alcohol: Denied Drinking and Denied Breathalyzer

    You can be convicted of possession of alcohol even if you haven't consumed the alcohol found in your actual or constructive possession.

    Given that you refused the breathalyzer, you may also find that the officer's have noted you to have shown signs of intoxication, to have smelled of alcohol, or to show other signs of consumption.

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