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Underage Consumption of Alcohol

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oce

Junior Member
I'm a 20 year old living in Utah. My roommate decided we should throw something of a house warming party to celebrate us both moving out. We had friends arrive at our place at around 8:00 PM. Several people brought alcoholic beverages with them to the party.

I had no intention of drinking myself but while talking with a friend I realized he would be out of town for my 21st birthday (which was only 15 days away) so I made the foolish decision to have some drinks to celebrate my upcoming birthday with him. I poured myself a few drinks and had a good time with my friends.

Around 1:00 AM I was told the cops were outside. They came to the door (being able to hear our party through a window that someone had opened). They asked to see the oldest person so a friend went out to talk to them. He immediately returned and said they now wanted to see a resident. I went out and talked with the cops at the door. They told me that there was an issue with the noise level (the noise wasn't really bad, just people talking and someone playing a X-Box at normal volume but since the window was open, it was audible outside). I told them I'd quiet it down. They then asked to see my ID then asked me how much I had to drink. I was honest and told them how much. The lead officer asked several times to enter the apartment. I declined to let him enter every time as I saw no need. He finally said, "Alright, follow us." so I followed them down the stairs to their vehicle. I asked if I could have my ID back and he replied, "No, because you are under arrest" (I did get it back later).

He gave me a Breathalyzer test which I blew at 0.093. He then filled out a citation. After that, he released me to return to my apartment. I reassured him none of my guests would be driving drunk.

I finally got a date for the arraignment. What I need to know now is what is the best way I can mitigate the effects of this. I was only 15 days away from my 21st birthday, civil and cooperative (aside from not letting him enter the apartment), and this is my first brush with the law. I'm not so concerned about a fine as much as a mark on my record and the possibility of a suspension of my license. The latter would certainly affect my ability to continue being productive and otherwise obedient member of society I currently am (I'm own a software development consultancy business while I save up to return to college).

I tried to look up the law to figure out what the consequences of this could be. I believe 32A-12-209 covers what is written on the citation ("illegal consumption alcohol by adult minor") but I can't fully decode what the actual consequences can be.

Generally, would pleading "Not Guilty" be a good decision to cut down on the repercussions even though I openly admited to the officer I was drinking and I recieved a Breathalyzer indicating the same or will pleading "Guilty" show that I'm accepting what I did was wrong and possiblity get me a softer sentence?
 


JETX

Senior Member
oce said:
Generally, would pleading "Not Guilty" be a good decision to cut down on the repercussions even though I openly admited to the officer I was drinking and I recieved a Breathalyzer indicating the same or will pleading "Guilty" show that I'm accepting what I did was wrong and possiblity get me a softer sentence?
Of course you can plead whatever you want... but I doubt it will do much good. The simple fact is.... you're guilty of the charge. And they can prove it.
Why would you even think that 'playing games' with the court will somehow help you?? Simply explain the circumstances to the court, do NOT be defensive, be contrite, apologize for your actions/conduct, tell them you have learned your 'lesson' and it will not happen again.
Pretty simple, huh??
 
S

seniorjudge

Guest
"...Generally, would pleading "Not Guilty" be a good decision to cut down on the repercussions even though I openly admited to the officer I was drinking and I recieved a Breathalyzer indicating the same or will pleading "Guilty" show that I'm accepting what I did was wrong and possiblity get me a softer sentence?..."

Since you have already confessed to the offense, if you co-operate with the court and plead guilty and ask for a diversion, this might go better for you.
 

oce

Junior Member
seniorjudge said:
Since you have already confessed to the offense, if you co-operate with the court and plead guilty and ask for a diversion, this might go better for you.
This seems to be the advice I've been getting from everyone I've asked so I will most likely go with it. What is a "diversion", though?
 
S

seniorjudge

Guest
oce said:
This seems to be the advice I've been getting from everyone I've asked so I will most likely go with it. What is a "diversion", though?
A diversion means you will not wind up with the original charge but you have to do something harder in return: community service, probation, extra fine, whatever. Ask the court clerk who you talk to about diversions.
 

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