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i am under 18 and was wrongly arrested for a DUI last night PLEASE HELP?

Yesterday night i was pulled over, i was with 2 21 year olds and i am under 18, we were pulled over and the cop looked inside of the car asked the driver to get out then he came over to me and asked me to pull down my window and to get out, i did and they started asking me questions that i answered too and they came to the conclusion i was drunk, which i wasnt, the last time i consumed a drink that night (which was 3 beers around 12, we were pulled over at 230) i was extreamly tired at 3am and just wanted to get home and annoyed, the officer put his hand into the window and grabbed my purse i immediatly said they had no right to do that and they pushed me against the cop car and arrested me saying i was lucky i didnt get assult charges when i didnt even touch the officer he then opened my zippered purse (again i am a minor) and searched it while i said the whole time i did not agree for them to do that and what they were doing was against my rights ( PLEASE TELL ME IF I AM WRONG.) I was then put in the back of the car (and the guy who was driving was free to go) i was taken to the police station and was told i was being charged with being under the influence (which i wasnt even under the influence the day we were pulled over) i dont know what to do, but this is wrong and i need help. I had no BAC done

11 Answers

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  • 9 years ago
    Favorite Answer

    at least you wasnt driving

    many states have ZERO tolrence for under age drinking

    the other over 21 probably was checked out and wasnt drunk enpough to get a ticket

    as for you under afge you folow in the category of ZERO tolerence for minors

    in which they can take you in

  • I don't think you are going to beat this. If you are underage, you have no privacy rights. They had a right to check your pursue. They didn't find you in possession of alcohol so the next thing they could think of was to charge you with being under the influence. It sounds like you MAY have gotten a little smart with them and they made you pay for opening your mouth. Three beers two and one half hours later is enough for you to still have some in your system even though you may have not felt the effects of it. I am sorry this happen to you. The cops should have gave you a stern warning and let you go. Tough police enforcement can result in bad public perception of the police. They should have just let you go. I think you might have pi** them off. Arguing with cops is almost always bad idea. As a person who quit drinking after many, many years of drinking, may I please advise you not to drink anymore. While I had fun, the overall consequences was not worth it. Young people are targeted by police much more than older people.

  • ?
    Lv 5
    9 years ago

    You do realsie that underage drinknig in an offence-- even if you are not driving.

    And as you have admited in this story you were drinking --

    ""the last time i consumed a drink that night (which was 3 beers around 12, we were pulled over at 230)""

    ""he then opened my zippered purse (again i am a minor) and searched it while i said the whole time i did not agree for them to do that and what they were doing was against my rights ( PLEASE TELL ME IF I AM WRONG"""

    That crap dosent work in real life -- besides the cops have probable cause.. you probably should have exersied you 5th amendement rights instead

  • 9 years ago

    When a cop pulls you over for a DUI its normally for the person driving the car. They may have smelled the beer under your breath causing them to take action. They will make you take tests to see how stable you are before taking you away. I've never had a DUI and plan on never getting one. I wasn't there to judge what has happend. Try to fight for your rights. I am sorry that has happend.

    Source(s): Going into Security Forces for the Airforce
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  • ?
    Lv 4
    5 years ago

    I will assume the officer was looking through your purse for your ID, probably because you did not immediately hand it to him when the car was pulled over. It takes one hour for EACH drink to metabolize, so yes, you probably were still under the influence, your breath likely smelled of beer and he had probable cause to assume you were both drunk and underage. I do not know where you live, but where I live, it is illegal for 18-year-olds to drink alcoholic beverages. Even if you are sleepy, you would be well advised to listen carefully to all instructions given to you by an officer of the law, and be completely compliant. The time to argue for your rights is not when you are standing by the side of the road. You do not have to give spoken evidence, you may of course ask to speak to a lawyer first, but meanwhile you must obey instructions. So, now you know.

  • Anonymous
    9 years ago

    we were pulled over and the cop looked inside of the car asked the driver to get out then he came over to me

    If you were not the driver, you did not get charged with DUI. I didn't see anything so I can't comment about the rest.

  • 9 years ago

    You were not charged with DUI. You were charged with drinking while under the age of 21, which you just admitted was true. You were rightfully charged with a crime you committed.

  • 5 years ago

    Never talk to the police in the first place. If you do, then you are making a mistake.

    You say:

    1. I want to remain silent.

    2. I want lawyer if I am being detained.

    3. I do not consent to any searches or voluntary tests.

    4. If I am not being detained I would like to leave.

  • Anonymous
    9 years ago

    Well, if you weren't driving, you weren't charged with DUI. You were likely charged with public intox of a minor. At some point you must have told them you had drunk alcohol. That's all it takes. You admitted to doing something that's illegal for you to do.

    As such, they are allowed to search your purse. That's legal.

  • 9 years ago

    WRONG

    Probable CAUSE TO BELIEVE.

    Warranted a Frisk search of the area and surrounding items, where booze / Drugs could be hidden.

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