Can I get out of an underage drinking charge if I was never given a breathalyzer test?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get out of an underage drinking charge if I was never given a breathalyzer test?

Asked on May 13, 2012 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Potentially you might be able to have the under age drinking charge against you dismissed if you were not given a breathalyzer test. However, assuming the arresting officer smelled alcohol on your breath and observed your behavior along with any admissions that you may have made that you were drinking, such could be enough for the trier of fact to convict you.

Given the circumstances that you have written about, I suggest that you consult with a criminal defense attorney about the matter you have written about and the best way to resolve things.


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