Stratham, NH asked in Criminal Law and Juvenile Law for Massachusetts

Q: If your are caught around people underage drinking however you weren’t are you still entitled to a misdemeanor?

Say someone gets invited to a party in high school and there is going to be underage drinking. This person knows that but really wants to brigo cause their friends are going etc. This person however would never drink. If said party was ‘busted’ by the police and you were caught. Would you still be entitled to any misdemeanors or anything even if you weren’t doing anything illegal?

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: basically, yes, unless the police believe you were not drinking. You can ask for their breathalizer if you feel confident, but I am not sure I would trust entirely how they administer it....depending on where you live. If that were to happen, go immediately to a clinic or hospital and get a blood draw to prove you were not drinking. That would be the only way to prove you were not engaged in illegal activity. be advised that during an academic year, the police will notify your school even if you deny drinking. You may be suspended from all sports and activities if they even think you were drinking, and those cases can be difficult to overturn. Schools have broad discretion in how they manage under age drinking even when it is not on school property adn on a weekend!

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