under what circumstances can you be cited for underage drinking?

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under what circumstances can you be cited for underage drinking?

I was at a friend’s house and was drinking with friends. As we were about to fall asleep, my one friend decided he wanted to leave (still drunk) and crashed into my car. Police arrived and the friend who crashed was breathalyzed. He was placed in the cop car. The cop asked me for the usual things in a car accident (license/registration). He did not breathalyze me. Can I be convicted of underage drinking?

Asked on May 12, 2014 under Criminal Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Potentially yes, if there is other reliable evidence that you are underage and were drinking, such as the police smelled alchohol on your breath, saw you holding a beer can, had other people testify they saw you drinking, had a statement from you to that effect, etc.


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