Can you be arrested for public intoxication without any alcohol tests or just by the assumption of an officer? 15 Answers as of April 04, 2013

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Public intoxication is not a crime in New York unless you are high on drugs. The police need a blood test to prove that so they will just arrest you for Disorderly Conduct. That will not be sustained unless you are bothering other people or a danger to yourself, others, or someone's property. If you are swearing and causing a disturbance you could be found guilty.
Answer Applies to: New York
Replied: 4/4/2013
Universal Law Group, Inc. | Francis John Cowhig
It depends on the basis of the officer's assumption. If you exhibited signs of intoxication (blood-shot eyes, slurred speech, unsteadiness, smell of alcohol, etc.) and the officer can competently testify to that, then yes you can be arrested without an alcohol test.
Answer Applies to: California
Replied: 4/4/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well you may get arrested but getting convicted is another matter entirely.
Answer Applies to: Michigan
Replied: 4/4/2013
William L. Welch, III Attorney | William L. Welch, III
Yes, if the court finds that the officer had probable cause. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence. Consider seeking a confidential consultation with an experienced criminal defense attorney. Beware that online posts are not confidential. If somehow the prosecution were to find your post, then it might be used in evidence against you.
Answer Applies to: Maryland
Replied: 4/3/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can be arrested on the assumptions of the officers, especially when they are trained on HGN and field evaluations.
Answer Applies to: Georgia
Replied: 4/3/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    On the expert opinion of an expert, which police officers are, you can be charged and convicted of public intoxication.
    Answer Applies to: Illinois
    Replied: 4/3/2013
    Amber Lunsford, Attorney at Law | Amber Lunsford
    Yes. Public intoxication requires that you be so under the influence that you are not able to care for yourself or present a danger to others. There are many valid defenses to this charge.
    Answer Applies to: California
    Replied: 4/3/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Yes. It is sufficient for a police office to observe you as being intoxicated. However, without any testing, it will be very difficult to prove the case against you, and it is likely that it will be dismissed. To avoid a criminal record, you should retain criminal defense counsel to represent you in this matter, and hopefully get the charges dismissed.
    Answer Applies to: New York
    Replied: 4/3/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Yes, if the officer has enough circumstantial evidence that you were intoxicated in public. Circumstantial evidence would be signs of intoxication like the smell of alcohol, staggering gait, blood shot eyes, slurred speech and the inability to safely take care of yourself or others.
    Answer Applies to: California
    Replied: 4/3/2013
    Henry Lebensbaum | Henry Lebensbaum
    Yes
    Answer Applies to: Massachusetts
    Replied: 4/3/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can, and you probably did. But this is a relatively minor charge, and most lawyers, by speaking to the Judge, can likely negotiate a dismissal.
    Answer Applies to: California
    Replied: 4/3/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    You can be arrested for disorderly conduct on "the assumption of the officer," which does not require him to prove that you were intoxicated.
    Answer Applies to: Michigan
    Replied: 4/3/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you can be arrested, but if there has never been a test, then you can argue to the jury that the officer was just wrong.
    Answer Applies to: Utah
    Replied: 4/3/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes
    Answer Applies to: Virginia
    Replied: 4/3/2013
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Yes. Strange as it sea, Virginia does not require a medical test. In fact, the police do not have to give you any tests, even if you demand one. The law allows them to look at your appearance, actions and speech and using their " training" determine you are intoxicated.
    Answer Applies to: Virginia
    Replied: 4/3/2013
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