Her lawyer tells PEOPLE that Willis, 20, rejected the state’s offer to plead guilty to the charges as they stand now because she would have a permanent criminal record – and that would be unreasonable.
“It would be outrageous to mar a person that’s clearly going places – clearly seeking to have a career with a criminal record,” her attorney, Stacey Richman, tells PEOPLE. “The goal is clearly a non-criminal offer.”
“Seriously, you were underage once … who wasn’t looking to get into a bar?” she says.
According to reports, an officer saw Willis drinking an 8-ounce Pakistani beer just before 7 p.m. before she allegedly flashed an officer a New York ID card with the name “Katherine Kelly.”
Willis was released without bail on Tuesday.