Cops and Underage Drinking

[MrAlex2012]

Let's say you are under the age of 21, drank a considerate amount of alcohol and are walking down the street and a cop decides to pull over and stop you and ask if you have been drinking. What is the best thing to do in this situation?

I know that you can refuse a breathalyzer, but can you just refuse to do anything until you've talked to a lawyer? Does the cop need probable cause to write you up for minor in possession? Can the cop easily get away with making up some bull**** such as you stumbling, they smell alcohol on your breath, or see glassy eyes?

Should I ask if I am free to leave?

Also, what about on someone's private property such as an apartment party being busted?

Thanks.

Edit: Virginia

 

[sandyclaus]

Let's say you are under the age of 21, drank a considerate amount of alcohol and are walking down the street and a cop decides to pull over and stop you and ask if you have been drinking. What is the best thing to do in this situation?

I know that you can refuse a breathalyzer, but can you just refuse to do anything until you've talked to a lawyer? Does the cop need probable cause to write you up for minor in possession? Can the cop easily get away with making up some bull**** such as you stumbling, they smell alcohol on your breath, or see glassy eyes?

Should I ask if I am free to leave?

Also, what about on someone's private property such as an apartment party being busted?

Thanks.

Edit: Virginia

No, you can't refuse to do ANYTHING until you've talked to a lawyer. You can ask if you're free to leave, and f the officer smells alcohol on your breath, sees you stumbling, or sees you have glassy eyes or any other tell-tale symptoms of alcohol use, they COULD take you into custody, and take you to the hospital to have blood drawn for testing. It doesn't matter if you are walking on the street or someone's private property. As a minor, you are not allowed to drink ANY alcohol or even be in possession of alcohol save for a few exceptions that may or may not apply to you. It's not BS, it's called PROBABLE CAUSE and gives the officers the right to do these things if they suspect you are breaking the law.

As for the lawyer part, if arrested, and before questioning, they should read you your rights and at THAT time you can refuse to answer questions without an attorney present.

 

[CdwJava]

If the officer contacted you as you were merely walking down the street, chances are something about your actions indicated to him that you were either inebriated or in need of medical attention. Cops don't make a habit of randomly contacting pedestrians for no reason.

It is usually obvious that a person has been drinking. You can decline to answer the officer's questions, but he will almost certainly smell the alcohol on your breath or emanating from your person (alcohol is also purged through your pores and can cause a very distinctive odor within a short time of consumption). And if consuming alcohol under 21 is a criminal offense on its own in your state, that is likely sufficient for the officer to take action on it and, perhaps, mandate a chemical test should he choose to.

If your state's law does not provide a penalty for underage consumption, then the officer might have to show that you meet whatever definition is required for being drunk in public. There is really no great need to make up anything as most people who are inebriated are obviously so.

 

[tranquility]

As to the making up of something, riddle me this. Can YOU tell when someone's been drinking? Why would you think a cop couldn't? Especially when a (BAC) level is not needed, it's not too hard to determine if someone has been drinking. Probable cause for a MIC is not going to require much more than bloodshot or watery eyes and the smell of an alcoholic beverage. A breathalyzer will just put it over the top.