Public Intoxication

[Cher]

No Sir, I just found this web-site not long before sending my question, So I figured I would give this a shot. My main question would be do the police even have a case on this since they failed to give us a breahalizer and/or field sobriety test? Do you not have to give either of those? I know for a DUI even if you can SMELL the alcohol, They still have to attempt to do one or the other. These officers didn't even make the request. Furthermore, Some of my friends whom were indoors were asked to step outside to speak to the officers and received the P.I. as well. That to me is very dirty for an officer to do, being one myself sort of, I see that as baiting someone. What about the Field Sobriety and Breahalizer? Not required for P.I.?

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Followup To

- I am 23 years old, about to turn 24 and live in Tennessee. I had went out with some friends and became too drunk to take myself home, so I smartly gave my keys to a friend and rode home with him. I was very drunk and do not remember much about the night but I know for a fact I was never given a field sobriety test, Nor a breathalizer test. I may or may not have been outside but I only recall being questioned by the police officer once I was inside of my friend's apartment yet I was cited for public intoxication. Is this even legal? When I go to court should I plead Guilty or Not Guilty? I've never had any prior citations for anything in my life and am rather worried about this one. A misdemeanor could cost me the job I've had for 5 years with the Department of Correction...

[Baldrick]

  I think that you have the procedure for proving a DWI case confused with public intoxication.  For DWI the state must prove that a person had a certain BAC and that is why the breathalyzer is used.  For making public intoxocation cases the officers observations are used.  I have never in my life heard of a breathalyzer test being given for a drunk in public charge. But I will ask you again......have you spoken to an attorney yet?

[Ixaka]

- The definition of public intoxication depends on the laws in your state.  Usually "public" means any place that is open to the the public even though it is on private property such as a mall parking lot.  If this is going to cost you your job I would suggest that you contact an attorney asap.  He would have access to the police report to determine exactly where you were when you were observed by the police.

Your question is almost identical to one that I have been debating with someome for over a week.  Are you the same person?