question about underage in PA, no BAC taken

[jayson2323]

ok so just recently i was walking down the road and was stopped by a police officer. i was drinking the whole night and knew there was no point in lying so i told him i was drunk. so i was taken to the station and issued a citation for underage drinking. no BAC was ever taken, nor did i refuse to be breathalyzed. my question is without a BAC on the citation do i have grounds to argue there is not proof of me drinking. also i had no alcohol on me.

thanks in advance

 

[Mass_Shyster]

ok so just recently i was walking down the road and was stopped by a police officer. i was drinking the whole night and knew there was no point in lying so i told him i was drunk. so i was taken to the station and issued a citation for underage drinking. no BAC was ever taken, nor did i refuse to be breathalyzed. my question is without a BAC on the citation do i have grounds to argue there is not proof of me drinking. also i had no alcohol on me.

thanks in advance

You admitted you were drunk. What more evidence would they need?

 

[jayson2323]

i dont know? thats why im asking if they need the BAC or anything else. because what if hypothetically i showed up to court and said i was under the influence of some other drug? what evidence would they have that i was drinking besides a verbal admittance?

 

[jayson2323]

or is a verbal admittance all they need to get a solid conviction in this type of matter?

 

[CdwJava]

What section were you cited for?

If the elements of the offense include your having consumed alcohol, and the officer testifies to your admission and to the fact that he smelled the odor of alcohol on you, then it would seem sufficient.

 

[jayson2323]

6308a. the citation reads "defendant was under the influence of an alcoholic beverage while being less than 21 years of age"

 

[CdwJava]

This is from a college website:

Section 6308 Purchase, consumption, possession or transportation of liquor or malt or brewed beverages by a minor

A person commits a summary offense if he/she, being less than 21 years of age, attempts to purchase, purchases, consumes, possesses or knowingly and intentionally transports any liquor or malt or brewed beverages.

Penalty 1st Offense 2nd Offense Subsequent Offense

Fine 0 - $300 0 - $500 0 - $500

Jail 0 - 90 days 0 - 90 days 0 - 90 days

License Suspension 90 days 1year 2 years​

So, it would appear that possession or consumption is sufficient to violate the law. Assuming you had the odor of alcohol n your breath, that would be enough to convict. If you couple that with your admission, they have a slam dunk.

 

[jayson2323]

hmmm ok thanks for the replies