DID YOU KNOW?
Breathalyzer tests are not necessary for Public Intoxication arrests.
Oftentimes folks come to me with a Public Intoxication charge and they say “they refused to give me a breathalyzer!”
Public Intoxication is a SUBJECTIVE charge based on the officer’s OPINION about whether the person is intoxicated AND a danger to himself/herself or others.
This is a Class C misdemeanor charge with maximum fine of $500. No breathalyzer or standardized field sobriety tests are necessary for an officer to make an arrest for Public Intoxication. It’s simply based on the Officer’s opinion.
Remember – the standard or burden of proof for an arrest is only probable cause. At trial, the prosecuting attorney must prove each and every element of the allegation BEYOND A REASONABLE DOUBT.
Also, last week I was a guest on the Dudes n Beer Podcast where we discussed more about 4th Amendment Rights.
You can listen to that episode here:
With the Houston Livestock Show & Rodeo & BBQ Cook Off, Spring Break and St. Patrick’s Day right around the corner, this may be good information to share with your friends and loved ones.
Finally, if you haven’t already done so, check out what our clients have said about our representation here: