How to fight an underage drinking charge?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to fight an underage drinking charge?

I was stopped for underage drinking. I was drinking while walking down the street and the officer saw me drinking. However he was in his car across the street and it was very dark. I saw the cop and ditched the can. When the officer stopped me he asked me where my can was and lightly frisked me. He never found a can and asked me to submit to a breathalyzer. I refused the breathalyzer and he gave me an underage drinking ticket with the accusation of smelling alcohol on my breath. I never admitted to having a can or to drinking. My court date is in 1 month and I was wondering if I would win in court. He never saw a can and never breathalyzed me. If I say I was at a party and that’s why I smelled like alcohol, can I win? Should I try?

Asked on December 17, 2012 under Criminal Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon what you have written the prosecution has the burden of proving the charge against you. The problem that you have is that you refused to submit to a breathalyzer test. As to the chances of your succeeding in defending the charge I see a 30% to 40% chance. I suggest you retain a criminal defense attorney to help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption