Legal Question in DUI Law in Maryland

Underage Drinking

I was recently at a party with a few friends. As we were walking home through town, a few police officers who were patrolling in vehicles followed and stopped us (with zero provocation beyond the fact we were walking at 12:30 in the morning - no disturbance or misconduct whatsoever). They asked where we were going (we said were walking home), then asked each of us if we had had any alcohol to drink (they later said they had smelled alcohol), to which one of my two friends responded ''yes.'' They then proceeded to administer breathalyzer tests to my friends (but not me - I called my parents first, and also realized that there was no ''implied consent'' since we were just walking, and so with my parents' approval I respectfully declined). I then signed the citation they gave me and went home with my parents. My question is, what was the legality of the officers' action and what (if any) means of defense do I have against a possible underage drinking charge?


Asked on 4/26/08, 2:15 am

1 Answer from Attorneys

Re: Underage Drinking

The police may stop you and ask you questions, while you are walking. However, you do not need to respond, and you may continue to walk. At that point, should they wish to detain you, they will need probable cause. Since you did not take the breath test (smart move on your part) and did not admit to drinking, the State will probably not have any evidence to find you guilty of underage drinking.

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Answered on 4/26/08, 9:29 am


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