How to fight an underage drinking charge?
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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 11 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.
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