Public Intoxication
What is it? What should I know?
Simple. Its relates to being drunk in a public, and what police can do in these situations.
If you remember anything, remember that Public Intoxication is not a crime, but if found guilty there may be fines and will go on the criminal record. Also, remember that anyone in custody has at least one phone call, and the police can only hold a person for a maximum of 12 hours.
Here’s a typical scenario: A cop approaches someone who he believes is drunk. The Cop has discretion to bring that person to the police station (or, sometimes, a “drunk tank”). The Cop may do coordination and speech tests in the field, but does not have to. Once in the station, the drunk person has the right to do a breathalyzer test or not. If the person is .05% and under, the person is presumed not intoxicated, and shall be released from custody. The table below, shows the rest.
[styled_table]
| .05% and under | over .05% and under .10% | .10% and over | |
|---|---|---|---|
| Note: the police may search your person for weapons or dangerous objects. | |||
| Presumption | NOT presumed intoxicated | shall be no presumption made based solely on the breathalyzer test | presumed intoxicated |
| Release or Not | shall be released from custody forthwith | In such instance a reasonable test of coordination or speech coherency must be administered to determine if said person is intoxicated. Only when such test of coordination or speech coherency indicates said person is intoxicated shall he be placed in protective custody at a police station or transferred to a facility. | shall be placed in protective custody at a police station or transferred to a facility |
[/styled_table]
How many drinks puts me at risk?
Using the chart below, pick your body weight and see how many drinks puts you over .10%. At over .10%, you are presumed intoxicated. At .05% and under, you are fine. Between .05% and .10%, you will have to take other tests (speech and coordination) to prove whether you are intoxicated or not.
