Question:

In New Jersey can a cop arrest you for underage drinking if he doesnt see you do it?

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In New Jersey can a cop arrest you for underage drinking if he doesn't see you do it? Say for instance he takes you to the hospital and they check your clood alcohol level?

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  1. Unless you were driving, you could not be arrested.  New Jersey doesn't have an internal possession law, so alcohol in your blood will not get you arrested.  Furthermore, being a disorderly persons offense (e.g., like a misdemeanor), the police officer cannot arrest you unless he saw you in possession of an alcoholic beverage, or someone else signed a criminal complaint stating that they saw you with alcohol.

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