Legal Question in DUI Law in Pennsylvania
Underage but not driving, or intoxicated
I am a college student, and I was walking my intoxicted friend back to his house after I came to a party to pick him up. I did consume one beer at this party about an hour before I deemed it nessary to walk my friend home to make sure he was going to be okay. As I was walking my friend back,campus police pulled up and arrested my friend and cited me for underage drinking. On the ground that 'smelled slightly of alcohol'. I demanded some sort of BAC test or breathalizer(to prove that i had no alcohol in me) but they did give me one. I have a witness that was with me for this whole ordeal. My question is, can they cite me for underage with out any evidence? And should I get a lawyer to bring this up at court? And on the citation they say that my licence can be suspended, but I am not a resident of this state.
2 Answers from Attorneys
Re: Underage but not driving, or intoxicated
I agree with what Atty. Johns said, except as follows: If Kansas (or the state where your license is) can suspend your license for underage drinking, then the license suspension is reciprocal. However, if your state has no such law, then your license can't be suspended.
You would have to talk with an attorney in your home state to get the answer to that question, and an attorney in PA for the charge itself.
Re: Underage but not driving, or intoxicated
They had probable cause which is the standard to arrest or issue a citation. However, they probably can't prove beyond a reasonable doubt that you had consumed alcohol. Your license can be suspended as virtually every state has agreements with the other states to impose reciprical suspensions. You should speak with a lawyer.
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