I'm in college but when I go back the home the cops are major assholes about underage drinking and I've been busted before so I was wondering about something...


If cops come and bust a party I'm at and attempt to breathalyze me or ask any questions I can just keep my mouth shut and refuse anything and everything correct?

For instance they ask me my name and information I can simply refuse to provide any information or breathalyze. The idea here is that I hold out long enough and I sober up so they can't actually charge me with being drunk, just being in "possession of alcohol" (meaning I was at the party)

And I KNOW that if I blow a 0.0 they won't charge me with anything...

Think this will work if the situation ever arises?

Depends on your location, but I know in WY that's not the case. They'll still nail you with a UACA, and refusing to provide information to police is illegal if they're in the process of an investigation (which busting up a party would be).

Also, waiting it out isn't such a hot idea unless you can wait hours upon hours. Once they DO convince you to breath, bleed, or piss, they can then extrapolate what your leve of intoxication was at the time of your detainment (by using a formula consistent with the average rate of acohol metabolisation). Again, not such a hot idea. If you have three beers over an hour (not at all uncommon for college aged drinkers) that means you have to wait 2-3 hours to blow zero assuming you metabolize alcohol like the average person.

I think it'd just be better to keep your nose a bit cleaner for the 2 weeks or a month you're home for winter break. I drank and partied pretty hard prior to turning 21, and never so much as had a run in with the police. It's not that hard.

Depends on your location, but I know in WY that's not the case. They'll still nail you with a UACA, and refusing to provide information to police is illegal if they're in the process of an investigation (which busting up a party would be).

What about the right to remain silent? Not talking isn't an additional criminal offense...


Also, waiting it out isn't such a hot idea unless you can wait hours upon hours. Once they DO convince you to breath, bleed, or piss, they can then extrapolate what your leve of intoxication was at the time of your detainment (by using a formula consistent with the average rate of acohol metabolisation). Again, not such a hot idea. If you have three beers over an hour (not at all uncommon for college aged drinkers) that means you have to wait 2-3 hours to blow zero assuming you metabolize alcohol like the average person.

I would rather chill at the cop station for a night than get charged with underage possession which is taken really seriously where I'm at b.c. of drunk driving deaths in the past couple years. Also, if I never blow anything than they will drop the charges, this happened to a friend of mine, at a party and he blew a 0.0 b.c. he wasn't drinking. If your over 18 and you don't blow anything they drop it. Also I really don't believe the cops care enough to sample my urine...If thats what they have to do to bust me than fine...I'll take the risk...

I think it'd just be better to keep your nose a bit cleaner for the 2 weeks or a month you're home for winter break. I drank and partied pretty hard prior to turning 21, and never so much as had a run in with the police. It's not that hard.

Eh..I've already been arrested and a buddy of mine was chased down in the woods by cops with night vision...ridiculous, I know, but they take it seriously here b.c. of drunk driving and they get off pushing down kids...

It works differently in all jurisdictions.

They're probably not gonna haul you in. They'll issue you a citation (unless you're horribly drunk the point of being a danger to yourself or others) unless you do something stupid to be arrested.

Besides, if you're exhibiting traits of being drunk, they don't HAVE to test you (at least not in these parts...again, check your LOCAL laws). Officer discretion. Remaining silent is still your right, but at that point, all you're doing is NOT admitting guilt, and likely getting an additional charge of interference if you do anything further to become uncooperative.

They might not drop charges either. That's up to the prosecutor or judge, not the cops.

Point being, if you're visibly intoxicated, don't get stopped by the cops. Seems much simpler to me, but if you care to go out and be a dumbass little college aged twat, be my guest.

Christ, I love all these little fuckheads who come in here asking for advice and whether it's right or not, and then proceed to tell us that they know better from anecdotal evidence of something that happened to their friend, dad, mom, gay lover, gay dad lover, etc.

What about the right to remain silent? Not talking isn't an additional criminal offense...

Lol, you really do not have that anymore in the US at all .. if the police really want info then they can subpoena you, and if you refuse to talk then, they can put you in prison for like a year until you do .. technically you've not comitted a crime but they can keep you in prison 'til ya talk .. can't remember what that sorta sentence was called but ..

Lol, you really do not have that anymore in the US at all .. if the police really want info then they can subpoena you, and if you refuse to talk then, they can put you in prison for like a year until you do .. technically you've not comitted a crime but they can keep you in prison 'til ya talk .. can't remember what that sorta sentence was called but ..

Usually what happens in this situation is that you're subpoenaed under a grand jury, then given a grant of immunity. At that point, refusal to cooperate is obstruction of justice. It wouldn't happen at the misdemeanor or civil level for a dumb college kid getting a UACA citation.

In his situation, if he's exhibiting traits of being intoxicated, I'm going to guess he'll be cited, possibly arrested depending on the circumstances. If it's overturned in court, whatever, but that won't keep him out of trouble with the cops for the evening.

But see, his friend got off, so that's how the law works everywhere for everyone. Get it?

I'm more impressed with him thinking that by the time he's at the station, he can just wait it out. Rest assured, if they take him in, he's been placed under arrest for UACA or whatever the local equivalent is, whether he stayed silent or not.

Besides, if he's drunk enough to be taken in via officer discretion, I doubt he has the good sense or perhaps even the ability to keep his stupid mouth shut.

EDIT: One more thing I thought of...

Assuming they didn't test you because you legally refused to do so after the arrest, then it comes down to the officer's word against yours at a hearing. His report and statements in court are consistent, and both provide evidence that you had been consuming alcohol.

Sure...you'll get off on THAT. :rolleyes:

Besides, if he's drunk enough to be taken in via officer discretion, I doubt he has the good sense or perhaps even the ability to keep his stupid mouth shut.

EDIT: One more thing I thought of...

Assuming they didn't test you because you legally refused to do so after the arrest, then it comes down to the officer's word against yours at a hearing. His report and statements in court are consistent, and both provide evidence that you had been consuming alcohol.

Sure...you'll get off on THAT. :rolleyes:

your misinterpreting the scenario...

I'm at a party and the cops come (this has happened to me, I was issued a citation and sentenced to a bunch of lame ass shit)

They catch me, I sit there, don't say a word, they take me in the station, I still refuse to talk, I sober up by the next morning, I talk to them, all they have on me is that I was at a party where there was alcohol. Since I was 18 and didn't blow anything (meaning they can't prove I was drinking, just that I was at a party where there was drinking) than the court WILL drop the charges...I know SEVERAL people who have been let off because they didn't blow anything....



The point is the cops can't prove I was drinking unless I open my mouth, all they have on me is that I was there, which if I'm 18, means jack shit...

You're missing the point and calling me a dumbass :rolleyes:

No, I got all that. And I was saying that around here, that's not how it works. They won't be taking your in around here unless you're under arrest.

Evidently you know more about how the law works than all of us here, so I don't know why you're bothering to ask. If that's how the cops work where you're at, they're doing a lousy job. I'd also speculate there's illegal detention going on if they take you to the station without placing you under arrest (unless you agree to go with them).

I have never, EVER, in any place, and with all the training I received regarding liquor laws and underage consumption while I was the head bouncer and manager of a local bar here, heard of them taking people to the station and just letting them sit there silently. Again, it sounds highly illegal, and I would think that the cops have better things to do than wait on a dumb college kid to decide whether he wants to admit that he was drunk or not, or bother to take them downtown unless they were damn sure they could get them on something.

Don't you think that they'd grow just a bit suspicious when you wait 8 hours to tell them about your night?

Whatever. Your story is full of holes, so go do whatever you want.