# Minor In Possesion. What Are My Rights? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 25, 2002, 10:53pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530 "2002-08-25T22:53:21Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\ **Post date:** [August 25, 2002, 10:53pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/1 "2002-08-25T22:53:21Z")
I know the title sounds GQ, but I’m sure we will get varied answers so that is why I put it in IMHO. Move it if you see fit… Well…it is the day before school starts. Therefore, last night was the biggest party night of the entire year, on one of the biggest party campuses in the US. So there I sat, sober, in my fraternity house watching the fine looking ladies walking by and a cop comes around the corner and busts two of them for **Minor In Possession** (MIP). They take the field sobriety test by the cop who frankly was being an ass about things, evidently fail, and get the ticket. So…What are my rights if this situation would have occurred to ME? I’ve gotten various advice, most of which centering on, don’t take the field test, don’t talk, don’t carry ID, and ask for a lawyer, but advice from the **Teeming Millions** carries significantly more weight than advice from a friend of a friend of a friend etc. :rolleyes::::Cyberhwk waits to see how many posts there will be before someone suggests not to drink::::rolleyes: P.S. I live in **Washington State**. Yes…we have that ignorant zero tolerance policy. ---
**Author:** ![ijustdontcare](https://avatars.discourse-cdn.com/v4/letter/i/c57346/32.png) [@ijustdontcare](https://boards.straightdope.com/u/ijustdontcare)\ **Post date:** [August 25, 2002, 11:03pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/2 "2002-08-25T23:03:39Z")
Don’t drink.😃 Just kidding. Seriously, my advice, Don’t get caught.😃 😃 😃 😉 ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [August 25, 2002, 11:04pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/3 "2002-08-25T23:04:44Z")
In posession of WHAT? Just alcohol? I have trouble reconciling a “zero tolerance policy” with just a “ticket”. If it’s like a traffic ticket without a criminal penalty or record, just pay the ticket and move on. Or show up in court to contest the ticket, and hope the cop doesn’t show up to defend issuing it. ---
**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\ **Post date:** [August 26, 2002, 1:36am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/4 "2002-08-26T01:36:25Z")
> [@](#): > > \*Originally posted by Cyberhwk \* > \*\* > > P.S. I live in **Washington State**. Yes…we have that ignorant zero tolerance policy. \*\* Your as ignorant as your statement. I lost 2 close friends to an ignorant WSU sophmore because he was to ignorant to follow the laws of the state. My friends were both 21, the ignorant one was 19. Did I mention that your statement was ignorant? And I hope your truly offended too. I know the answers to your questions, but I won’t answer them. ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [August 26, 2002, 2:04am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/5 "2002-08-26T02:04:30Z")
> [@](#): > > _Originally posted by racer72_ > **Your as ignorant as your statement. I lost 2 close friends to an ignorant WSU sophmore because he was to ignorant to follow the laws of the state. My friends were both 21, the ignorant one was 19.** Pray tell, how did you lose your friends as a direct result of someone else drinking? Or were those “laws of the state” drunk driving laws? I don’t think anyone is supporting drunk drivers. ---
**Author:** ![gex\_gex](https://avatars.discourse-cdn.com/v4/letter/g/94ad74/32.png) [@gex\_gex](https://boards.straightdope.com/u/gex_gex)\ **Post date:** [August 26, 2002, 2:47pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/6 "2002-08-26T14:47:11Z")
> [@](#): > > _originally posted by racer72_ > Your as ignorant as your statement. I lost 2 close friends to an ignorant WSU sophmore because he was to ignorant to follow the laws of the state. My friends were both 21, the ignorant one was 19. Did I mention that your statement was ignorant? And I hope your truly offended too. Well, while we’re discussing other people’s ignorance, **you’re** as ignorant as **your** grammar. ---
**Author:** ![wring](https://avatars.discourse-cdn.com/v4/letter/w/838e76/32.png) [@wring](https://boards.straightdope.com/u/wring)\ **Post date:** [August 26, 2002, 3:03pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/7 "2002-08-26T15:03:26Z")
Careful about not carrying ID - in some jurisdicitions, not carrying ID can get you taken into custody. MY advice would be to figure out if the consequences of violating the law are worth the risks to you, personally. Attempting to circumvent discovery of the violation can be more problematic for you than otherwise. I’m also fairly certain that if you looked up the relevant law, you’d discover the legislature would have been way ahead of you re: what if I refuse the test etc. In my state (MI) refusal of a breathalyzer revokes your driving priveleges. Plus, if the cop has ‘reasonable suspicion’, and you refuse, they may get a judges order. That’s not generally a ‘happy place’. ---
**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\ **Post date:** [August 26, 2002, 7:20pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/8 "2002-08-26T19:20:01Z")
> [@](#): > > \*Originally posted by racer72 \* > \*\*I lost 2 close friends to an ignorant WSU sophmore because he was to ignorant to follow the laws of the state. I’m refering to MIP, not DUI smart ass. (Hence the title of this thread). > [@](#): > > My friends were both 21, the ignorant one was 19. …and most likey wasted to the point where he would have been WELL over the ADULT legal limit ANYWAY. I’m not saying there shouldn’t BE a legal limit, as you seem to be infering (amid the stupid remarks anyway) , I’m just saying lets spread things equally. A 20 year old with a .07 BAC is no more and no less dangerous than a 21 year old with a .07 BAC. The ignorant part is the 19 year old gets a ticket for not hurting a god damn thing. Obviously, there is no excuse for drunk driving period. > [@](#): > > And I hope your truly offended too. Eat me. ---
**Author:** ![plnnr](https://avatars.discourse-cdn.com/v4/letter/p/7ea924/32.png) [@plnnr](https://boards.straightdope.com/u/plnnr)\ **Post date:** [August 26, 2002, 7:43pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/9 "2002-08-26T19:43:57Z")
I couldn’t find Washington’s laws concerning breath tests, but I suspect that you have the right to refuse to take one, in which case the police have the right to detain you (on reasonable suspicson) until a magistrate can be found that will issue a warrant compelling you take the test. Advice? Take the test and save yourself the extra hassle. If you’re found guilty you face a year’s revocation of your driver’s permit, up to a $500 fine, and up to 2 months in jail. The 19 year old may not have been “hurting a god damn thing” but he was breaking the law and deserved the ticket. Laws exist not only to punish but to deter future harm (the 19 year old is more likely to not drink next time knowing what the consequences are). ---
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [August 27, 2002, 4:50am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/10 "2002-08-27T04:50:50Z")
I may be mistaken but Washington State’s implied consent law surrounding a breath test applies to _driving a motor vehicle._ The OP stated he watched a cop bust two females _who were walking._ A MIP charge in Washington State does not require the minor to be driving a motor vehicle at the time. However, part of the punishment for MIP is suspension and/or revocation of driving privileges. > [@](#): > > "The legislature finds that many persons under the age of eighteen unlawfully use intoxicating liquor and controlled substances. The use of these substances by juveniles can cause serious damage to their physical, mental, and emotional well-being, and in some instances results in life-long disabilities. > > The legislature also finds that juveniles who unlawfully use alcohol and controlled substances frequently operate motor vehicles while under the influence of and impaired by alcohol or drugs. Juveniles who use these substances often have seriously impaired judgment and motor skills and pose an unduly high risk of causing injury or death to themselves or other persons on the public highways. > > The legislature also finds that juveniles will be deterred from the unlawful use of alcohol and controlled substances if their driving privileges are suspended or revoked for using illegal drugs or alcohol." Source: [http://search.leg.wa.gov/wslrcw/RCW%20%2013%20%20TITLE/RCW%20%2013%20.%2040%20%20CHAPTER/RCW%20%2013%20.%2040%20.265.htm](http://search.leg.wa.gov/wslrcw/RCW%20%2013%20%20TITLE/RCW%20%2013%20.%2040%20%20CHAPTER/RCW%20%2013%20.%2040%20.265.htm) You may not like it that one day you are a minor and the next day an adult with respect to the issue, but tough cookies. Everyone goes through it. Well, everyone who lives through it goes through it. As for carrying/not carrying ID, you do not state the context. If operating a motor vehicle, you must follow the law here. If it requires you to be in possession of an ID (probably your driver’s license), and you don’t have it when stopped, again tough cookies. Don’t forget the driving is a privilege and not a right. You agreed to such stipulations when you applied for the license, passed the test(s) and were granted the license. OTOH, are you required to carry ID while just walking down the street and you are stopped by a cop? (I’m not adding any apparent or overt illegalities here such as MIP.) Not so sure. A tough call. There was a famous case years ago specifically on this issue (and debated in the SDMB) and the Court threw out the conviction. A field sobriety test may not hold up in court, especially if that’s the basis for the ticket, especially when the two were walking. Seems to me that the cop was hedging his bets that the two would not contest the ticket in court - a time-honored tradition where cops try to bluff their power over unsuspecting people. Finally, welcome to the real world. Now your words and actions are your own. No chance hiding behind momma’s apron strings. Life ain’t always fair. Deal with it. FWIW, Washington State’s zero tolerance policy is aimed more at protecting me from your immaturity than anything else. Being drunk may be a rite of passage for many your age. From us sober folks watching what’s going on, you have no sympathy from me. Better you get caught and stopped by the cops than we meet on the street with two vehicles - if I don’t get killed or maimed by your self-indulgence, I will come after you one way or the other later. ---
**Author:** ![BiblioCat](https://avatars.discourse-cdn.com/v4/letter/b/ed8c4c/32.png) [@BiblioCat](https://boards.straightdope.com/u/BiblioCat)\ **Post date:** [August 27, 2002, 1:52pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/11 "2002-08-27T13:52:39Z")
> [@](#): > > \*Originally posted by Cyberhwk \* > **They take the field sobriety test by the cop who frankly was being an ass about things, evidently fail, and get the ticket.** I always find it amusing that minors or those caught by cops for DUI (or whatever) say the cop was “an ass.” I’d say the cop was **just doing his job**. He’d probably much rather give a couple of underage kids a ticket than have to call their parents and tell them their kids were killed because they were driving drunk or that they drank so much they died. :rolleyes: ---
**Author:** ![Kat](https://avatars.discourse-cdn.com/v4/letter/k/b19c9b/32.png) [@Kat](https://boards.straightdope.com/u/Kat)\ **Post date:** [August 28, 2002, 4:19am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/12 "2002-08-28T04:19:35Z")
**Cyberhwk** wasn’t the one caught, he was an observer. Also, sometimes cops _are_ asses while they’re doing their jobs. The OP doesn’t specify if it was the ticketing that qualified the cop as “an ass”, or some other action/attitude during the incident. ---
**Author:** ![Cyberhwk](https://avatars.discourse-cdn.com/v4/letter/c/7993a0/32.png) [@Cyberhwk](https://boards.straightdope.com/u/Cyberhwk)\ **Post date:** [August 28, 2002, 7:10am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/13 "2002-08-28T07:10:30Z")
If he wants to prevent drunk driving, he should go bust drunk drivers. Not someone walking home with friends from a party, YYMV evidently. ---
**Author:** ![Zebra](https://avatars.discourse-cdn.com/v4/letter/z/c0e974/32.png) [@Zebra](https://boards.straightdope.com/u/Zebra)\ **Post date:** [August 28, 2002, 2:43pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/14 "2002-08-28T14:43:11Z")
I walking home from parties drunk a perfectly safe thing to do? Is it a legal thing to do? Look if you are underage, you are underage. That is it. Public drunk, Minor in Possession are against the law. Are they the greatest crimes in the world? No, but an officer has a duty to arrest/ticket people who break the law. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 29, 2002, 2:49am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/15 "2002-08-29T02:49:16Z")
> [@](#): > > \*Originally posted by racer72 \* > \*\* > > Your as ignorant as your statement. I lost 2 close friends to an ignorant WSU sophmore because he was to ignorant to follow the laws of the state. My friends were both 21, the ignorant one was 19. Did I mention that your statement was ignorant? And I hope your truly offended too. > > I know the answers to your questions, but I won’t answer them. \*\* This is IMHO, _not_ the BBQ Pit. I expect this to be the last post of this nature in In My Humble Opinion. ---
**Author:** ![gex\_gex](https://avatars.discourse-cdn.com/v4/letter/g/94ad74/32.png) [@gex\_gex](https://boards.straightdope.com/u/gex_gex)\ **Post date:** [August 29, 2002, 4:29pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/16 "2002-08-29T16:29:50Z")
Geez, **Zebra** , **Bibliocat** , et.al. Can’t you answer the guy’s question? All he asked was… > [@](#): > > So…What are my rights if this situation **would have** occurred to ME? (bolding mine) I’m sure he is well aware that he is underage. He was asking about his rights in a given situation, not begging for a lecture on the evils of alcohol. I thought this board was about fighting ignorance? ---
**Author:** ![Grelby](https://avatars.discourse-cdn.com/v4/letter/g/a5b964/32.png) [@Grelby](https://boards.straightdope.com/u/Grelby)\ **Post date:** [August 30, 2002, 1:27am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/17 "2002-08-30T01:27:53Z")
Er, I don’t know anything about Washington, but Massachusetts also has a zero-tolerance law. And in Massachusetts, you have the right to either take the breathalyzer test, or automatically have your license suspended for a period of time, the exact length of which I don’t remember. 30-90 days, though. It may also be possible for them to detain you. Frankly, however, being a minor greatly restricts your options. You are not allowed to posess alcohol, and doing so is going to get you in trouble. Think what you will of that, it’s reality. My question has more to with this: > [@](#): > > "The legislature finds that many persons under the age of eighteen unlawfully use intoxicating liquor and controlled substances. The use of these substances by juveniles can cause serious damage to their physical, mental, and emotional well-being, and in some instances results in life-long disabilities. > > The legislature also finds that juveniles who unlawfully use alcohol and controlled substances frequently operate motor vehicles while under the influence of and impaired by alcohol or drugs. Juveniles who use these substances often have seriously impaired judgment and motor skills and pose an unduly high risk of causing injury or death to themselves or other persons on the public highways. > > The legislature also finds that juveniles will be deterred from the unlawful use of alcohol and controlled substances if their driving privileges are suspended or revoked for using illegal drugs or alcohol." How wonderful that the legislature care so much! So what do they do to deter people from using alcohol and controlled substances? Take away driving privileges. Maybe it’s just me, but I think that that’s going to deter a kid from driving, not using alcohol or drugs. Maybe I should take this over to GD, though. Anyway, in short, to the OP: Your options are don’t drink, don’t get caught, don’t take the test and get in trouble for it, take the test and get in trouble for it. When it comes down to it, when you’ve broken a law, you’re already on the wrong end of the stick. It’s hard to improve the situation. All IMHO, of course. Including the bit about options. ---
**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\ **Post date:** [August 30, 2002, 5:54am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/18 "2002-08-30T05:54:49Z")
> [@](#): > > P.S. I live in Washington State. Yes…we have that ignorant zero tolerance policy. My advice? Go to Canada. From anywhere in Washington, it is only a few hours drive away (or less depending on how far you are up north). In British Columbia, the drinking age is 19. ---
**Author:** ![Tristan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tristan/32/18058_2.png) [@Tristan](https://boards.straightdope.com/u/Tristan)\ **Post date:** [August 30, 2002, 10:40am UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/19 "2002-08-30T10:40:18Z")
What kills me is that these laws are always aimed at Juveniles… in fact, it would appear that is the exact wording. However, legally an 18-20 yo is not a juvenile. Sounds to me like a grey area. Personally, I would fight it, but then again I’m a down to my shoes “fight the power, in a sneaky sort of way” kind of guy. ---
**Author:** ![Gozu\_Tashoya](https://avatars.discourse-cdn.com/v4/letter/g/7993a0/32.png) [@Gozu\_Tashoya](https://boards.straightdope.com/u/Gozu_Tashoya)\ **Post date:** [August 30, 2002, 9:35pm UTC](https://boards.straightdope.com/t/minor-in-possesion-what-are-my-rights/125530/20 "2002-08-30T21:35:09Z")
> [@](#): > > \*Originally posted by Cyberhwk \* > \*\*If he wants to prevent drunk driving, he should go bust drunk drivers. Not someone walking home with friends from a party, YYMV evidently. \*\* \ Drunk drivers are, by definition, already driving drunk. Busting them prevents nothing. Busting drunk people who are not (yet) in a car arguably does. \