I was at a party in Media, PA (Delaware County) a couple nights ago. I just got there like an hour before, and this is what happened:

Knock knock knock, someone opens the door, and 3 police officers come into the apartment. After a little while they decide to breathalyze us one by one. Its my turn, so I get up, walk over to officer1 blow in the breathalizer, then walk over to officer2 and give him my name and address (didnt have my id on me), and officer1 says "he blew a 0.035 (Was not drinking much, just hanging with old friends). Then officer 2 tells me to take a seat on the steps, which i do.

While this was happening, my friend blew in the breathalizer, and started arguing with the officer1 because she wouldnt let him see the number he blew. then he went over to officer2 who got his information, and officer1 tells him my friend blew a 0.075. Officer2 tells my friend he can leave, meanwhile im sitting on the step. I was driving my friend, so I asked the officer if I could leave as well, and he said yes.

A few days later I get an underage drinking citation in the mail. Charge: underage drinking, total due: 437.00, and the citation says "def did consume alcohol under the age of 21, pbt = .035


Is there anyway I can do something to get out of this, or at least not get my license suspended? i dont care how much i have to pay or do, I just can't have my license suspended or I cannot get to school or work.

Thanks for any help... i have court on the 9th which is tuesday.

 

You were drinking underage and you got caught. Pay the price of stupidity.

/thread

 

Sounds like the title says it all. Talk with a lawyer is all I can say and learn from it.

 

not cool zig... thanks for no help.

you act as if you never drank a couple (literally) beers when you were 19. Not like i did something stupid to get caught.

 

i mean they shouldnt have let u go off and drive if you had alcohol and your underage. u could try to fight that argument, but you were still in the wrong so u might get buttfucked anyway. just pay it and learn and move on, its alot of cash but ya gotta do it.

 

Why did you consent to the test? I've never heard of cops coming into a residence and administering breathalizer tests, but maybe I'm just out of the loop... Seems to me that you fucked yourself by consenting to the test.

Also, why would your license be suspended? You weren't driving, you were in a residence and consumed alcohol, I don't get it.....

I'd talk to a lawyer or at least get clarification from the police dept. before doing anything.

 

Holy ****.. Just googled for ***** & giggles and yes, you are (temporarily) fucked.

That's just insane man, I can't believe that the penalty is that stiff! Fine of no more than $500 and 90 day suspended license. Only recommendation I can really give is just to talk to a lawyer and find out if there are any other alternatives like a restricted license rather than full suspension or maybe community service. Either way it's going to be a fairly expensive lesson. Sorry man.

The part that really sucks is the fact that you will have a "prior suspended" on your license forever. The underage drinking part can be expunged if you get a lawyer, but the suspension is there for good at least according to what I have read.

 

How would your license even be affected? It wasn't a moving violation in your vehicle... you were in a residence. If anyone is fucked, it's the legal age buyer of the alcohol providing to the minors.

Were you guys doing anything that would cause the cops to even be called? Like being loud or disruptive or out of control? If that was the case you can't really wonder why you guys got caught. I would definitely denied the breathalyzer test.

 

Your state must really suck with underage drinking. Maryland = citation not to exceed $100. No penalty on your license (unless you were driving of course). PA raped you.

 

not cool dude. you could have posted a more contructive post instead of bordering on trolling. i know you can post better than this.

 

I don't see how you can get your license suspended. Its irrelevant, in all seriousness.

Must be some nosy-*** soccer moms in PA, that think kids should "pay the price".

 

Im not a lawyer...so...

and...

I never did... so...

lol... post better than what? No **** he should get a lawyer... no need for internet advice about that... thats the best advice so far in this thread, at it was obvious advice before this thread was posted.

Dude was breaking the law and got caught...

/thread

the penalty is bullshit though, because while illegal and stupid.. what the OP did isnt a big deal. duh.

 

I wish they would appeal that 21 drinking age law. IMHO. If your 18 your are legally an adult, and ready to serve in the military, and generally legal to start your own life.

You can leave home without being considered a runaway, and even start a career, but you can't buy or consume alcohol leaglly. I grew up with the 18 age for non liquor, 21 for liquor. Then they changed it to 18 for all alcohol, now it is 21 for all alcohol.. Sucks to be a young adult these days..

But anyway the Homeowner should have been the responsible one for any fines, Sucks to be them too.. My son is 18 and he can't have a beer with me till he's 21. Hopefully he will be out of my house by then.. LOL....

 

Yes you'll have to pay the MIP (minor in possession). No your license won't be suspended unless you were pulled over while driving. Honestly I've never heard of getting a breath test in a residence.... that was retarded of all of you to accept the test.

 

I had an MIP once..I was 17. ahh good times lol.

you pay the price...life goes on.. what ever. its just an mip..not really gonna affect you in the long run. i've definitely committed a crime when I was 17 that made my mip look like a parking citation. i know it seems like a big deal now, but in a couple months you wont even remember what happened.

 

OP, get a lawyer or find some kind of legal advice. If you can get it reduced in anyway I think it would be worth it. Too bad for MIP story didn't go as well as mine. But it nearly deserves it's own thread.

I ran into a situation similar to this this past summer. At an international convention for a college organization that I'm a part of, we had to vote on drinking laws. Pretty much, if we allowed drinking at sponsored events or not. The problem was that over half of the people that were delegates and allowed to vote, wern't even old enough to drink, yet were expected to contribute to by-laws regulating drinking. Seemed stupid. I have a problem with the idea that your considered and adult at 18 but can't drink, yet can be sent to die for your country.

 

First off, did the citation even say anything about your license being suspended? I would contact the court and get all the details of the citation and make sure thats even on the table. If it's not, then suck it up, pay the citation and be on your way. You're life isn't screwed cause of one little minor thing. Just remember now, that if the cops came to that house, chances are a neighbor called, so I would stay away from parties there from now on.

 

I'm pretty sure Listerine would make someone blow a .03. But wow that is complete bullshit.

I would be so pissed if I were you.

I thought our officers were there to protect and serve, but I guess they're starting to look like revenue generators.

 

I don't know about other states, but Va. has a .08 legal limit. Maybe a .035 puts you in some classifacation. IDK

Get real legal advice.

 

Yeah, whoever just let the cops in the apartment is a ******* idiot.
Never take a breathalizer. They cant bust you for what they dont have evidence for.
Talk to a cheap lawyer....it wont take a "johnny cochran" to have this **** tossed out.

 

That's the legal limit for drinking and driving. The police officers were only trying to find if they were in-fact drinking, not if they were drunk. .035 Gave the officers proof that he had been drinking alcohol and because he's underage that gives them the right to bust him for underage consumption.

 

Listerene isn't supposed to be consumed. You spit that **** out. But some alcoholics trying to rehabilitate themselves will drink it. and get drunk..

The bottom line is.. You gotta obey the laws or risk getting into trouble when you get caught.. Sad but true... Cops don't make the laws, they just enforce them. ( sometimes overly enforce I might add). Nothing us little guys can do except get a lawyer and line their pockets too..

And we all know what Running can do. Just ask the black guy.. What?

 

any alcohol consumed by a minor in the state of IL falls under a "No-Tolerance" policy and they'll take your license but I'm fairly sure it's only if you're caught drinking and driving.

I have plenty of friends that have been given underage drinking citations at college and nothing was done with their licenses, just a simple ticket.

 

Get a lawyer. You have a 4th amendment case. Ignore me at your peril.

 

Unreasonable search and seizure.

You weren't hammered, and disorderly. So why breathalyze?

 

Guys, if you refuse to take the breathalyzer, they take you to the station and they test you another way

 

You can try to get an "alternate" sentence, community service etc... thats a lot easier if you are between 18-21... as far as under .08, the law for a minor is "not a drop" so you can't argue your test... and if you claim Listerine they either take you to do a different test or make you wait with them for a certain amount of time because that goes away faster than alcohol you drink (why i dont know, we just grilled one of my friends brothers who was a cop when we were underage, though I can honestly say i didnt drink much before i turned 21 at all)

 

Never heard that one. Around here if you refuse a brathalizer you're basically "admitting guilt" ,but they have no way to prove it. If you're pulled over on suspicion of DWI and refuse you basically get a big ol' slap on the wrist rather than a DUI charge which costs much more than refusing the test...

 

Its the same as the searching your car law, If they have "reasonable cause" or however the law is stated you pretty much have to take it. I have refused when I was .00 (not drinking)... I said if they had one good reason that they needed to test me I would but they couldn't and I went on my way. People always ask why i did that, it was to prove a point... the flip side is if they say they smell alcohol on you (even if its someone else's) they can still have you do it. Just make sure you have a good attitude if you take this route because if you do it with one they will try to push a non cooperation on you.
My brother also got away with not getting his car searched on his way home because he politely told the cop that he may not search his car without reasonable cause.

 

Thats when they do the flashlight test. You know look at the light and follow it until I say stop. You will show signs of being intoxicated and if the cop is good they should be able to guess spot on your BAC when they have you blow on the meter. Then when you do go to court kiss that reduced fine goodbye because you initially refused the test.

There are 2 laws and each state is different on them and those are DWI and DUI...while they mean the same thing each have different phases of fines. Such as a DWI is a fine that could be given to you even if you are under the limit because the police may determine you to be too impaired at your level of intoxication. Now, a DUI is when you are clearly over the legal limit. However, some states have a DWI law which means the same as a DUI in other states and some states do not have a DWI law to help counteract peoples stupidity to drink and drive.

I got a DWI in germany and was below the limit but due to my foglights being on I was given a 200 Euro fine and 30 day license suspension. Then the military went a step further and took some rank and revoked my driving privilege for 12 months, YAY!

Dont drink and drive.

If you are not 21 do not get caught drinking. If you do then face the music and learn from your mistake.

HA! probable cause. The police probably identified themselves as LEO and asked the person who answered the door if they in fact were 21 and if they weren't and seen open containers in the house/apartment. That there will be probable cause.

Im bored and felt like stirring the pot