Alcohol & Drugs: MIP, MIC, Intoxication 19, MIC ticket - breathilyzer refusal

[kingspadeopm]

I couldn't find any threads that really helped me, but last weekend I was at a friends house, just stopped by for their birthday. Me and another girl went to say hi and was planning on leaving, but ran into 2 cops on the way out.
Apparently someone (everyone else was over the age of 21(im 19) and drinking) decided to run across the railroad tracks and the railroad company called the cops. Upon going outside they said they could smell alcohol on us.
Within the first 10 minutes of me getting to their house someone spilled a beer on my lap, but it spaced my mind once I saw cops(I freakin hate them).
They questioned us although they already knew who ran across the tracks, and walked around the house anyway. I had a beer an hour earlier and refused the breathalyzer because I saw no reason when they were standing even closer to people who were 21 who were both drinking and you could smell the piss and vinegar coming out of their breath.
They did not perform a field sobriety test and simply wrote us up a ticket having to go to court for MIC. I am not sure of the laws concerning mic's and refusing the breathalyzer, so im wondering if someone could help clarify them and any possible chances of getting out of it. And im positive if i needed to to get the person who spilled the beer(since thier over 21) and have them testify on it.

 

[mightymoose]

You were within your rights to refuse a breathalyzer. You are only required to give a breath/blood test if you have been driving.
However, since you are a minor (as far as alcohol is concerned) ANY amount of alcohol that you consume is illegal. The police do not need to conduct any tests, only observe the objective symptoms of intoxication. They made their observations and issued a citation.
you could try and get out of it... maybe the officer won't show up to court. Maybe you can get out of it since no sobriety tests were done, and the officer may not have been able to say for sure that you had consumed alcohol when you claim to have had a beer spilled on you... Not likely though.
It is a very minor offense. Show up to court, ask for a public defender, and it will work itself out.

 

[kingspadeopm]

I didn't tell them someone spilled beer on me, although it did happen, like i said it spaced my mind after i saw cops.

If anyone could tell me more about the laws in kansas regarding these issues i would greatly appreciate it. More I know going in is the more I won't get screwed over by court appointed lawyers if i go that route. (They have a knack for doing that and doing whatever the judge wants.)

 

[mightymoose]

Don't get too wound up over this.
The spilled beer is a weak argument anyway, even if it did happen.
You admit that you had a beer before the police arrived- whether you were drunk or not does not matter, it is the fact that you drank it that makes it illegal due to your age.
This is a minor offense. Assuming you don't already have a record there is a good chance that it can be handled without a conviction.