My question involves criminal law for the state of: OR
Starting with the circumstances, basically i was at a party with some friends, drank a couple beers maybe around 9pm. Later went to a 10pm movie, left at 12am, ran around some more and ended up at a gas station around 1am. I left my debit card in my car, went to get a friend gas in his car, and when we arrived i obviously had no way to pay, i offered to leave the car, go get the card, etc etc but the station attendant wasnt having it so the police responded.
1st officer talked to me for a bit, then gave me the HGN test, and quickly decided i was drunk. I told him to give me the breathalyzer so i could prove i wasnt, and he said he didnt have one with him. 1:40 am rolls around and the 2nd responding officer gives me an MIP in a extremely disrespectful manner.
At the point the Mip was issued, even at the time the officer responded, i highly doubt there was any alcohol in my system, judging from the 2 hours per beer rule it had been 4 hours since i last drank. If there is no law outlining a timeframe for minors to be in consumption, at what point can the officer give you one and not give you one? If this is the case, any kid off the street could tell a cop they drank beer and get an mip. regardless of when. Clarify?
What basis is there to fight this mip?
-no breathalyzer test
-no alcohol on my person
help?

