Legal Question in Criminal Law in Washington

Re: MIP without possession or breathalizer?

Yes, particularly if you made a statement confirming the officer's suspicion, i.e. a confession. The offense can be proved simply by credible observations the officer makes of odor, condition of eyes and other indicia of consumption. The case may be more difficult to prove without a breath test, but courts have held that an officer's testimony may be sufficient.

Whether a statement admitting consumption can be used against you is a different issue. MIP's fall within a narrow category of offenses for which a law enforcement officer usually can elicit admission to the elements of the offense - under 21 years and consuming/possessing alcohol - without first being required to advise a suspect of his constitutional rights. Courts have held that such admissions obtained prior to Miranda warnings and/or arrest are part of the investigation that leads to a determination of whether an offense has been committed.

Another issue that exists is the officer's authority for the initial contact with you. You should consult an attorney to review the facts of your case. In any case, enter a plea of Not Guilty - most prosecutors offer alternatives to convictions.