Bigkarch
New Member
Most dont know that "public intoxication" is probably one of the most arrested and easily to explain by LE..lets take a moment to see what is public...public is any place and everywhere other than inside your house or back yard or a place where the public has no access too...your front porch, a bar,a restaurant, a grocery store, side walk, front yard, a rental hall etc.. A cop can arrest you in these areas for public intoxication in he or she feels your unable to care for your safety..
Now...the key is, taking you into custody is not a criminal arrest..it is a protective custody only and a hold only for detoxification only (unless you are a habitual offender and other statues apply). generally the hold is for 6-7 hrs.
there will be no charges filed, therefore a cop merely has to put in a report your objective symptoms of intoxication such as "the smell of alcohol on your breath, blood shot and watery eyes, unsteady gait, slow and slurred speech) thats it...
I have seen many cops use this as an attitude arrest..so if your drunk and a cop comes to you...give them respect and go about your business..they will win and you will end up in a drunk tank....
Now...the key is, taking you into custody is not a criminal arrest..it is a protective custody only and a hold only for detoxification only (unless you are a habitual offender and other statues apply). generally the hold is for 6-7 hrs.
there will be no charges filed, therefore a cop merely has to put in a report your objective symptoms of intoxication such as "the smell of alcohol on your breath, blood shot and watery eyes, unsteady gait, slow and slurred speech) thats it...
I have seen many cops use this as an attitude arrest..so if your drunk and a cop comes to you...give them respect and go about your business..they will win and you will end up in a drunk tank....
