public drunkeness. purchase consumption, possesion or transportation of alcohol.

i was walking home from a friends house after drinking moderatly(then dunkin donuts where i ate two sandwiches) last night and was stopped by two cops (after they saw me try to hide), they asked me if i was drinking and i said no. they asked me how old i was and so on. they hand cuffed me and took me to the police station.i was read my miranda rights and they continued to ask me where i was and so forth....i did not tell them anything besides the fact that i was on my way home from dunkin donuts. i asked them twice to give me a breathalizer test to which they declined. after waiting in a room for about 20 minutes they un cuffed me and told me to sign the two citations issued to me. the first was for "being less than 21 years of age did consume a liquor or malt or brewed beverage". the second;"defendant did appear in a public place manifesting under the influence of alcohol.Defendant appeared under the influence of alcohol on the campus of....".there is no citation on the summons, i have to send in the bottom portion of the summons which states;"DEFENDANT HAD A STRONG ODOR OF ALCOHOL FROM HIS BODY, DEFENDANTS EYES APPEARED BLOODSHOT & DEFENDANT REFUSED TO CO-OPPERATE." SHOPULD I PLEAD GUILTY OR NOT GUILTY BASED ON THE FACT THAT THE ALCOHOL WAS "ON MY BODY" AND I WASNT GIVEN A BREATHALIZER?

i would really appreciate any help you can offer

[JETX]

The breathalyzer issue is moot, since you weren't charged with being drunk, but were charged with underage drinking and "manifesting" to being under the influence of alcohol in a public place.

The extent of your drinking is not an issue... just that you were (or appeared) to have been drinking.

And you post admits to both counts. Guilty as charged.

I guess next time don't post admits to anything. It doesn't sound like they can prove underage drinking. They can testify that you "appeared" drunk, so that might stand, but without physical evidence it might not. It depends on how drunk you acted. I'm not sure if it's a jailable offense, if it is I would plead not guilty and get a public defender. You can always change it later. I would talk to a lawyer if you can.

thanks for the advice but my coach is making me plead guilty to get it over with. this means i will lose my financial aid and instead of costing a couple houndred dollars it will copst me a couple thousand.