Arrested for public intox w/o proof.

[MVA]

What is the name of your state (only U.S. law)? Texas

I was arrested for 'public intoxication'.. but, I wasn't intoxicated.. nor did I receive any sort of field sobriety test.. and I wasn't read my Miranda Rights. Don't they have to prove that I was intoxicated or not..... and shouldn't I have gotten my rights to me at the time of my arrest? Seems cops can do whatever they want, whenever they want and it's supposed to be as good as the Gospel in court.What is the name of your state (only U.S. law)?

 

[CdwJava]

Sec. 49.02. PUBLIC INTOXICATION.

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.​

The state must show beyond a reasonable doubt that you were intoxicated on drugs or alcohol and a danger to yourself or someone else in some way.

No, they do not need to read you your rights when they arrest you. Miranda rights are generally required only when you are to be interrogated after the arrest. About 9 out of 10 arrests will not require Miranda.

And, no, they do not have to do a field test on you.

The officer can testify to the odor of alcohol and as to your demeanor or actions that caused you to potentially violate this code section, and a court will decide if the minimum standard has been met. It is also possible that you will not be charged,m and the matter will have been resolved by the arrest.

In any event, there is no legal requirement that they (the police) do a field sobriety test or even force you to give a blood, breath, or urine test.

 

[Rhubarb297]

Sec. 49.02. PUBLIC INTOXICATION.

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.​

The state must show beyond a reasonable doubt that you were intoxicated on drugs or alcohol and a danger to yourself or someone else in some way.

No, they do not need to read you your rights when they arrest you. Miranda rights are generally required only when you are to be interrogated after the arrest. About 9 out of 10 arrests will not require Miranda.

And, no, they do not have to do a field test on you.

The officer can testify to the odor of alcohol and as to your demeanor or actions that caused you to potentially violate this code section, and a court will decide if the minimum standard has been met. It is also possible that you will not be charged,m and the matter will have been resolved by the arrest.

In any event, there is no legal requirement that they (the police) do a field sobriety test or even force you to give a blood, breath, or urine test.

This is excellent advice, though I would note that there could be a state law that provides more protections, although it's doubtful.. But the as far as what the Constitution requires, the poster is dead on correct.

 

[Isis1]

This is excellent advice, though I would note that there could be a state law that provides more protections, although it's doubtful.. But the as far as what the Constitution requires, the poster is dead on correct.

Funny thing about Carl, he usually is.

 

[CdwJava]

Funny thing about Carl, he usually is.

I think I'm going to blush ...

I try ... but, I still learn a lot from being here.

 

[Isis1]

I think I'm going to blush ...

I try ... but, I still learn a lot from being here.

You and me both, Officer!

 

[I_Got_Banned]

You and me both, Sergeant!

Fixed....

 

[Isis1]

Fixed....

Lol!! Good point!