CanI get my underage consumption dropped if the officer never read me my rights or observed the consumption?

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CanI get my underage consumption dropped if the officer never read me my rights or observed the consumption?

He only said he could smell it.

Asked on December 11, 2011 under Criminal Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

According to GA’s underage drinking laws, it is not necessary for a defendant to be in possession to be convicted of under 21 alcohol possession/consumption. The defendant having alcohol on the breath can be sufficient enough to be found guilty. In other words, the police will attempt to determine whether the defendant has any manifestations of consumption (odor of alcohol, blood shot eyes, slurred speech, coordination issues, etc.)

Additionally, the Miranda warning need not automatically be given upon an arrest. It only need to be given if a defendant is arrested and then questioned (other than questions incidental to the booking process).

Att his point, you should consult directly with a DUI attorney in your area.


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