**The Odyssey does not condone underage drinking.**
You know the feeling when you’re drunk, talking to a cop, and suddenly your body completely sobers up? Your heart starts racing at the speed of sound, and you just can’t seem to find the right words? If you have, then you know it’s absolutely terrifying. I can’t promise that a police officer won’t stop you or that you’ll never have to talk to one, but I can help you understand your legal rights and obligations to help you potentially get out of an MIP.
I’m no lawyer, so please don’t blame me or go out and key my car if you still manage to get an MIP after reading this. Just know that it can be avoided. I actually went to the Pullman Police Department and spoke to someone to confirm that the information I am giving you is 100% accurate. I hope this advice helps you get out of a sticky situation if you’re ever in one.
If a police officer is asking you questions you are not obligated to answer them.
They show this on just about every crime show ever made. The police officers or detectives are questioning someone and the person stays completely silent the whole time, but then out of nowhere says “I want a lawyer,” and the interrogating detectives angrily walk away. This is because the person was not legally obligated to answer the questions being asked.
I’m not saying that if a cop were to ask you, “Are you intoxicated?” that you should immediately shout out that you want a lawyer present, but you are allowed to say, “I do not wish to answer that.” In fact, they would prefer you ask something like, “Am I legally obligated to answer that?” as opposed to blatantly ignoring the officer. Bottom line is that you do have the option to refuse to answer any questions if you want to.
Lying to a police officer is quite possibly the worst thing you could ever do.
You have the right to remain silent, but you don’t have the right to lie. If you are clearly intoxicated, the police officer knows this, hence the reason why he’s asking you questions in the first place. If you are underage and have been drinking, don't lie and say you haven't, because lying to a police officer is a legal offense. Never lie to an officer. Never lie to an officer. Never. Lie. To. An. Officer. You are better off telling the truth with the hopes of them being so appreciative that they let you off with a warning.
I have actually heard stories from people about how they were given a warning because they told an officer the truth, but their friend tried to lie and ended up with an MIP. If you are in that situation, something you can say is, “Yes, officer, I have been drinking tonight, but I am on my way home to go to sleep for the night.” There’s still a chance they might write you up, but telling the truth is a better risk than lying. Being honest increases your chances of getting out of there with a clean record. Imagine how hard it would be to have to check the ‘yes’ box on a job application, when it asks you if you’ve ever been convicted of a crime. Always tell the truth.
If a police officer asks you to take a Breathalyzer, you are not obligated to take one.
In addition to refusing to give a statement, it is also your right to refuse a Breathalyzer test if you wish to. If you do refuse it, the worst that can happen is the police officer takes you to the station, puts you in a 3x3 ft. holding cell and makes you wait there until they decide to release you, or until your mom comes in her pajamas to bail you out and drag you home. It might be your best and only option if you are underage, have been drinking, refuse a breathalyzer test, and do something else violent enough to be taken into custody, such as getting into a fight or breaking another law.
However, more often than not, an MIP is just a written citation an officer hands you before you slowly walk away in shame. If you’re talking to a police officer reeking of alcohol and slurring your words, you can still be charged with an MIP, because exhibiting physical signs of alcohol consumption alone is enough reason to charge a minor.
Most people who get charged with an MIP typically fight to have it expunged from their record. The easiest way to help get it removed from your record is to refuse a Breathalyzer test. Taking one would show your Blood Alcohol Content, which is hard evidence that you consumed alcohol and had it in your system that night, as opposed to the officer's observations only.
Long story short, don’t get stopped by the cops. If you have been drinking, try to compose yourself when in a public place, never walk alone and know your limits. You should always drink responsibly.
So the next time you’re walking to a party and your friend shouts, “Cops!!!” when a cop car rolls by, your instinct is still going to be to stand up straight and act as sober as possible, but if you make it a habit to act like that all the time, then you should be fine. Know your rights and be smart, because all we can do is live it up while we’re young and try to make it out of college alive.
