Legal Question in Administrative Law in California
house party
if your at a party with underage drinking and you over 21 can u be arrested for being there.
also if police break up a party can they tell you to drive home drunk.
2 Answers from Attorneys
Re: house party
They 'can' do anything they like. If you are arrested, you may have defenses if they didn't do things correctly.
Re: house party
The criterion for arresting someone is "reasonable suspicion" that they have committed a crime. If you were the only adult present, or one of just a few, there is probably reason for the cops to suspect that you have done something like furnishing alcoholic beverages to a minor or contrbuting to the delinquency of a minor.
If you were arrested, at some point before you are questioned at length or charged you should be allowed to consult an attorney, and if you don't bring in your own, the public defender will appoint someone to represent you. At an early stage you will be informed of the charges.
The police should not allow, much less tell, anyone to drive anywhere when they are alcohol-impaired (.08 or over) and they have standard "field sobriety tests" to assist them in making that determination without a lab test.
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