Was I legally cited for an MIP?

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Was I legally cited for an MIP?

I am 19 and was about get gas at a station at about 1 am. I had a few drinks but well under the legal limit for my state .08 After 10 minutes I was about to get out to pump gas. A police car rolled up but didn’t display his lights. He got out of his car and ask me to get out of the car. I did, but made the mistake of leaving my keys in the ignition. I am under aged for drinking in my state;we have a zero tolerance policy. However, the officer didn’t do any breathalyzer or blood tests. Instead he did the eye test, and the foot balance test. Both I passed fine, and he never indicated I failed it. He then proceeded to put me in hand cuffs. Of course there was nothing I could say or do at that point that would stop them from bringing me to jail. They then tore apart my car where they found a small amount of alcohol. They never asked if they could search, and the alcohol was not in plan site or it was in the trunk. They gave me a MIC even though no actual tests proved I have alcohol in my system.

Asked on September 1, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, from what you have described in your question you were legally arrested for possessing alcohol in your system as a minor based upon the "subjective" tests of the arresting officer albeit the objective test of a breathalyzer is preferable in the court of law.

Since you were then arrested, the arresting officer was entitled to search your vehicle per case law (search incident to an arrest and inventory of the vehicle). As a result of the search, alcohol was found in your vehicle.

I suggest that you consult with a criminal defense attorney to see what your legal options are. Possibly you could get a decision from the court that there was no probable cause to arrest you under the "objective" standard. If the court rules as such, then the alcohol found in your vehicle would be held inadmissible against you for future matters and the charge against you should be dismissed.


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