asked to take a breathalyzer and i plead the 5th. (underage)

[diabloballer]

What is the name of your state (only U.S. law)? Minnesota

last night at a football game after the game was over a cop pulled me out and asked me to take a breathalyzer. i refused and plead the 5th. they threatened to send me to detox and all i said was i plead the 5th i gave the cop my information and street address and my mom ended up picking me up from the football game.
What should i be expecting?

 

[CdwJava]

Perhaps you will be lucky and receive only a suspension or expulsion from school.

If your state or city has a law against minors having consumed alcohol then you might well be charged. But, if the officer did not cite or arrest you at the scene, maybe nothing more than school punishment will come of it.

- Carl

 

[diabloballer]

but the cop has no proof. if i deny drinking can i recieve any punishment?

 

[dave33]

Did the officer provide you with any paperwork? summons? If no legal action was taken than it will be a school policy question. If you get lucky and the incident is handled by the school only, than choose your words carefully.goodluck.

 

[diabloballer]

no the cope didnt provide any paperwork or anything

 

[CdwJava]

but the cop has no proof. if i deny drinking can i recieve any punishment?

In most cases, the officer's observations (the odor of alcohol emanating from your person and your breath) would be sufficient. Certainly that would be sufficient for the school.

I doubt you will face any criminal penalty if you were not cited or arrested, but if he passes this on to the school (and if he is the SRO he probably will) you can probably expect discipline there.

It is a common misconception that no chemical test means no evidence ... not so. The officer's testimony as to his observations is also testimony. If brought to trial you can always take the stand and commit the more serious crime of perjury denying you drank anything. Who do you think the court will believe?

- Carl

 

[diabloballer]

yes but i dont see how they even have that evidence i put a piece of gum in before confronting the cops and after i plead the 5th they put me in the back of the car with one of my friends who recieved a minor and he was the one who smelled like it.

 

[Seejur10]

Child DWI inquiry

I am not licensed in your state so I cannot give you legal advice. In NY state you have the right, as a minor, to have a parent or your legal guardian with you whenever an officer of the law wishes to speak with you about a legal matter. In NY the cop would have violated your civil rights by attempting to interrogate you without your mother or father present. Just remember this - all cops lie, some cops lie all the time.

 

[CdwJava]

yes but i dont see how they even have that evidence i put a piece of gum in before confronting the cops and after i plead the 5th they put me in the back of the car with one of my friends who recieved a minor and he was the one who smelled like it.

First off, 80% of the alcohol that is expelled from your body is expelled through your pores, not your mouth. It gives off a very distinctive odor.

Second, gum does no conceal the odor of alcohol on your breath, it only adds spearmint to it. Or, as I tell people in my monthly alcohol and drug class, "It gives you minty fresh beer breath."

Kids think they're being sly with these tricks, but they're not.

You are free to deny drinking all you want. But, who do you think the school is going to believe - the officer, or you?

- Carl