Last Friday a couple of my friends and I went out drinking at a bar that does not card. I'm only 19 years old so it was to my advantage.
Upon driving home, we were pulled over for somewhat swirving. When the cop approached us, the driver explained that he was simply lighting his cigarette when we were "swirving". the cop bought the story up until he smelt the alcohol on my friend's breath. we were asked to step out of the vehicle. We lied saying we had not been drinking. They told us we'd have to take a breathalizer once they found the 12 pack of beer in the car. Which belonged to my friend and I had no idea was even in there.
when i blew, my alcohol level was .008. my two other friends blew a hefty .164 and beyond. they arrested the three of us.
My question is, I was not even exceeding the legal content level of .02. Did this give them any right to arrest me for Minor in Possession? Also, we were not read our miranda rights and thought that might be an advantage?
Please help! this is my first offense and i want to get this off my record!
