Is this a solid MIP charge?

[HelpWanted0901]

What is the name of your state (only U.S. law)?
Wentzville, MO

Last Friday I was invited to a party at a friends house being a 17 year old I went and was hanging around with a few people here and there. There was alcohol present but it was my friends parents (who weren't home) and I was not drinking. My choice to not drink came from the fact that my girlfriends 18th birthday was the next day and I didn't want to be hungover. Around 12am I fell asleep on his couch completely sober with my girlfriend. Then around 2:30am a police officer woke me up by shining me with his light and tapping me. I looked around to see what was going on and more people had shown up since I fell asleep and more alcohol was present. When the officers told us we were all getting MIP charges I flat out asked him to give me a breathalyzer which he denied. I was not intoxicated at all, and it was completely visible that I was sober. But he still gave me the MIP saying that he didn't care. I'm confused on how to approach this. Can anyone help?

 

[racer72]

When the officers told us we were all getting MIP charges I flat out asked him to give me a breathalyzer which he denied.

You were charged with possession, not consumption. Big difference. All that is required to charge is constructive possession, you had unfettered access to alcoholic beverages. This could be as simple as a can of beer within reach. You should get with your parents and talk to an attorney as see what can be done to minimize the damage.

 

[proud_parent]

My choice to not drink came from the fact that my girlfriends 18th birthday was the next day and I didn't want to be hungover.

That AND the fact that it will be more than three years before you are of legal drinking age...right?