Can I get out of an underage drinking charge if I was never given a breathalyzer test?

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Can I get out of an underage drinking charge if I was never given a breathalyzer test?

Asked on May 13, 2012 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Potentially you might be able to have the under age drinking charge against you dismissed if you were not given a breathalyzer test. However, assuming the arresting officer smelled alcohol on your breath and observed your behavior along with any admissions that you may have made that you were drinking, such could be enough for the trier of fact to convict you.

Given the circumstances that you have written about, I suggest that you consult with a criminal defense attorney about the matter you have written about and the best way to resolve things.


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