Seeking advice on alcohol arrest, please help!

[HaydenAdams14]

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

Hi! I'm a 19 year old female student at a public university in Virginia. Over the weekend I was leaving an off campus party and coming back to my house when a police officer began to arrest me. Here are the details:

Earlier in the week a friend of mine sprained her ankle and I took her to the health center to get it checked. That night after we were leaving a friend's party, I was helping my friend get back to our house. She was leaning on me and limping because of her sprained ankle. A college police officer and a local town police officer came up to us and began handcuffing us. They did not read us our Miranda Rights or explain to us what was happening and told us to come with them, which we did. They took us to the station and said (without asking) that we were drunk in public (although we were on a private lawn, they said we were in the sight of the public)

I'm going to be completely honest, I had two beers and my friend had one beer. We were in no shape or form drunk, however we kept refusing to take the breathalyzer because we did not know if it would show up or not. The officer was angry because exercised our right to deny the breathalyzer that he not only charged us with being drunk in public, but underage possession and that "our bodies were containers." Two hours later my friend and I were so sick of being held that we took the breathalyzer, blew straight zeros, and were released. However, we still have a court date.

Now, the police have no evidence that we were drinking. They said my friend was unable to walk on her own, however I got a note from the university health center saying that both of us went in to get her ankle checked earlier that day and that in fact it was sprained. They arrested us without reading us our Miranda Rights. Being that this is a recession and I'm a college student, I don't have the money for a lawyer and don't know what to do. I know I need a lawyer to explain this in court, however I don't even know where to begin or go if I cannot afford one. I'm a hard working college student with top grades and yeah, I will have a beer or two on a Saturday night. But I don't want something as minor as this to jeopardize my career and future. Please help! I've never been in a situation like this dealing with police and am completely oblivious and lost! Thank you!


also: I live off campus, this party was off campus. Everything took place off campus in the town. Normally a college police officer is not allowed to make arrests off of college campuses but he was escorted by a town police officer.

 

[FlyingRon]

Miranda is only needed prior to questioning you after arrest. If omitted, all it means is that the questioning and perhaps other stuff that arises from the questioning is inadmissible. It's not a get-out-of-jail-free card.

At 19, they don't need the breathalizer. You're not supposed to be drinking at all, so if they detect some, that's all they need for a minor in consumption charge. However, did they charge you with 18.2-388? In that case they'll make a statement based on your behavior ("two beers" by the way is ENOUGH to be considered intoxicated. Even being below the so-called "legal limit" isn't an out. First, that applies only to driving, and it's only the per se limit at which you're assumed to be intoxicated without having to show any other evidence. You can be convicted of DUI at lower BACs).

This is a class 4 mis. You'll be heard in GDC and such you can probably introduce the letter from the health center (that would normally be inadmissible). I'd make sure your friend is at your hearing even if they are at separate times. Their testimony, the letter, might invalidate the officer's statement of intoxication if it was based solely on your inability to walk.

You might wish to at least consult with a local lawyer, or sit through some similar cases. The GDC's around the major universities (this wasn't JMU was it?) are pretty greased for MIP and other alcohol charges. If you plead guilty, you'll likely get a diversion (VASAP, community service, $300, and a dismissal).

 

[HaydenAdams14]

Thank you! My other question is how will this affect my career, meaning will I have to put this on my job applications once I apply for a job after college?

 

[dave33]

You said in the original post that you blew all 0000's. Is this true?

If that is the case I would not plead guilty, unless you admitted you were
drinking to the officer. If you did not admit that than I would never take
a plea deal on that. If you blew all 000's and made no admission than this
sounds like a border line illegal arrest.

Be strong and indignant when going through the court process. goodluck.

 

[HaydenAdams14]

Yes I blew all zeroes as did my friend which is why I'm not going to plead guilty. They officers kept yelling at us asserting that they knew we had been drinking trying to get us to admit but we never did. They were angry because we wouldn't do the breathalyzer, but when we did we blew straight zeroes. They have no proof we were drinking at all, we were walking, and they just came up to us and arrested us because my friend was limping.

 

[dave33]

Well, I do not know what the police report will say, but I am sure it will be
completely different than what you said. The officers would get in some minor "trouble" if they were to arrest you with no reason and no probable
cause to initiate contact. So, do not be surprised if the breath test does
not exist and you were stumbling and drooling etc... There is simply no way
their report will indicate the same set of circumstances that you indicated.
Most likely the visual observations they had will justify the arrest. Many times
it comes down to the officers word against yours. In these situations you have a very small chance of winning. goodluck.

 

[commentator]

Being "strong and indignant" usually doesn't get you very far in a court situation without an attorney, especially when you're 19 years old. Polite, mature, professional, very sorry we had this problem/misunderstanding with this fine officer...that's going to go a lot further with the court. As has been commented, courts in the vicinity of universities are very used to this sort of thing, have heard all sorts of "twisted her ankle.. broke the heel off my shoe.. has a seizure disorder..has food poisoning" stories.

Honestly the sad story of friend with sprained ankle who was holding on to you as you helped her limp across a lawn sounds awfully poor and fishy and like you are trying to make it all sound very harmless. Especially when we first read that the ankle was sprained earlier in the week and then suddenly it becomes "we went in to check on it that day" (??) If it was so severe she actually had to go see about it later, did she have a walking cast, a bandage, a crutch, anything that would demonstrate that there was a genuine necessity for your having to hold her up and walk her around?

The local police officer is not going to be at a disadvantage here. That's why it would be a pretty good idea to have yourself represented by an attorney. I know times are hard and things are rough, but that's pretty much the safest way for you to deal with this so that it doesn't go on any kind of permanent record of yours.

This whole "I'm a hardworking college student with top grades and I don't have time to be bothered by this petty crap 'cause I'm moving on here" is not the attitude to present. College students sometimes tend to live inside a bubble where they assume everyone is going to be impressed by their top grades and that they are a poor and struggling college student with lots of rights and lots of smarts. The courts and local police officers in college towns are quite often eager and willing to burst this bubble for you. You did break the law by consuming alcohol. You were detained on the testimony of the police officer. If you had not been drinking at all, and this is what you are going to claim, how are you going to explain all the coyness about not taking the breathalizer immediately? Why didn't you just blow and go? Whether or not alcohol consumption was actually admitted by you or your friend it is going to sound very peculiar that you behaved as you did. Have you discussed this situation with your parents? Is there a chance they could help you retain an attorney?

If the officer doesn't show up for court, you'll be in much better shape. Otherwise, his word is probably going to carry a lot of weight. Do not argue and do not try to quote law yourself unless you are very sure of your citations. Be respectful and reasonable, be willing to accept admonition.

 

[HaydenAdams14]

This is my understanding: They have no proof I was drinking. The only reason they thought we were intoxicated is because my friend was limping, which she has a note saying that she was at the health center earlier that day for her sprained ankle. The fact that I refused a breathalyzer does not mean I was drunk, and the penalty for breathalyzer refusal is insignificant because neither of us were driving, we were walking from the building next to us. They didn't read us our Miranda Rights so whatever we said after we were arrested can't be used against us in court. They never said they smelled it on us, etc. All they said is that my friend was drunk and limping therefore we were both drunk, which we have proof that her limp was from an ankle sprain. I would never admit to drinking because that would be dumb considering they have no proof on me.

Now is it necessary for me to get a lawyer to have to explain this in court? Because that is a lot of money that I don't have and there is no way I could afford one. Isn't there something about if I can't afford a lawyer then the government will provide one for me or something?

 

[HaydenAdams14]

Honestly the sad story of friend with sprained ankle who was holding on to you as you helped her limp across a lawn sounds awfully poor and fishy and like you are trying to make it all sound very harmless. Especially when we first read that the ankle was sprained earlier in the week and then suddenly it becomes "we went in to check on it that day" (??) If it was so severe she actually had to go see about it later, did she have a walking cast, a bandage, a crutch, anything that would demonstrate that there was a genuine necessity for your having to hold her up and walk her around?

She twisted it on Wednesday, thought she would just walk it off but by Friday it was still hurting so we went to the health center, found out it was a minor sprain. Is that really that big of a deal? I don't see how in any way they have any evidence we were drunk. We blew zeroes, she has a note for a limp. I was only arrested because I was with her, they have no evidence I was drinking because I didn't even have a limp. What will they say "oh you were drunk because you were with a friend who was limping but when you took a breathalyzer you blew all zeroes?" If they ask why I refused the breathalyzer at first I can say I wanted to consult my attorney (ironically which I don't even have) to know what I was getting into and if I was giving permission for them to do anything else on grounds I wasn't aware of. No big deal, right?

 

[commentator]

The evidence is the testimony of two officers, a local police officer and a campus police officer that you behaved in a manner which led them to believe you had been drinking, the two of you were staggering across a lawn, you were belligerant and argumentative, there was an odor of alcohol about your person, you demanded to see your attorney and refused the breathalizer test for a couple of hours...(just guessing here as to the evidence they would likely cite to justify taking you into custody) Unless they don't show up for court, it will be their word against yours. And actually, if it comes down to it, you're lying. So why are you sure the court will believe you and not them?