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

UPDATED: Dec 11, 2011

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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


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

Answered 10 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.

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 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.

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