Alcohol & Drugs: MIP, MIC, Intoxication No proof of mip in PA arrest

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giantbbfan

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My 19 year old son was recently arrested in central Pennsylvania for underage drinking. He was at a party in a private residence with adults and was hauled out of the house and cited for underage drinking. He had not been drinking and the officer refused his request for a breathalyzer.

Is the officer's statement that he smelled alcohol on my son's breath enough to convict? He has witnesses who will state that he did not drink while in the house. My son had previously pleaded guilty four months ago to MIP and is in an ARD program.
 
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