What does an officer have to do for a public intoxication charge in Texas? 2 Answers as of April 21, 2011

What all does the officer have to do before arresting you in a public intoxication charge? And do they half to breathalyze you?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Offices of Dustan Neyland
The Law Offices of Dustan Neyland | Dustan Neyland
They do not have to breathalyze you. The officer must articulate that you were a danger to yourself or others by reason of intoxication with specific facts. (i.e falling down, walking through traffic, passed out on the sidewalk, etc.) He can't just say that you were intoxicated. Also, the officer is not required to give you any field sobriety tests.
Answer Applies to: Texas
Replied: 4/21/2011
Law Office of Robert L Keates, PLLC
Law Office of Robert L Keates, PLLC | Robert Keates
For a Public Intoxication charge the officer is not required to administer a Breathalyzer test. they may rely on their own observations to determine probable cause for arrest, such as stumbling, slurred speech, or other acts. Of course, those observations are subject to scrutiny in court, and especially a jury trial, where your lawyer can ask about the lack of Breathalyzer use, but it is only one fact to be considered.

I would be happy to speak with you concerning your arrest and set up a free phone consultation
Answer Applies to: Texas
Replied: 11/22/2010
Click to View More Answers: