Illegal Consumption / Public Intoxication

[Bosco_87]

Indiana -

My friends and I recently went boating and had a few beers. At the end of the trip after we had loaded the boat a conservation officer saw us. He had us pull up the ramp and into a parking lot. During this all of my friends ran except for me and the driver of the truck. I was told I would recieve an illegal consumption (Class C Misdemeanor) and a public intoxication (Class B Misdemeanor).

After I was arrested I was taken to the city jail. They told me that I had to stay for nine hours for detox because I blew a .09. I was released on a $200 bail. I was not given any written citations; I only received a receipt for my bail and a paper with my court date.

When I arrived home I researched what the consequences were for the misdemeanors and found out that Indiana code 12-23-15-1 states that a person who is not causing harm or damage is allowed to be written a warning and sent with a responsible person who is competent and willing to provide care, assistance, and treatment. There are no Indiana codes on citations for illegal consumption that I can find.

I was wondering why I was not informed of my right to be sent home with a family member or another person who could of provided care. I also was wondering what I should ask for and be expecting when I go to court for my citations. Thank You.

[Antigone*of*Greece]

Originally Posted by Bosco_87

Indiana -

My friends and I recently went boating and had a few beers. At the end of the trip after we had loaded the boat a conservation officer saw us. He had us pull up the ramp and into a parking lot. During this all of my friends ran except for me and the driver of the truck. I was told I would recieve an illegal consumption (Class C Misdemeanor) and a public intoxication (Class B Misdemeanor).

After I was arrested I was taken to the city jail. They told me that I had to stay for nine hours for detox because I blew a .09. I was released on a $200 bail. I was not given any written citations; I only received a receipt for my bail and a paper with my court date.

When I arrived home I researched what the consequences were for the misdemeanors and found out that Indiana code 12-23-15-1 states that a person who is not causing harm or damage is allowed to be written a warning and sent with a responsible person who is competent and willing to provide care, assistance, and treatment. There are no Indiana codes on citations for illegal consumption that I can find.

I was wondering why I was not informed of my right to be sent home with a family member or another person who could of provided care. I also was wondering what I should ask for and be expecting when I go to court for my citations. Thank You.

If you are going to use that code to substantiated your claim then look at the word "allowed". It seems to me like they didn't feel like allowing you that priviledge. The statute didn't say "must."

[JETX]

Originally Posted by Bosco_87

When I arrived home I researched what the consequences were for the misdemeanors and found out that Indiana code 12-23-15-1 states that a person who is not causing harm or damage is allowed to be written a warning and sent with a responsible person who is competent and willing to provide care, assistance, and treatment. There are no Indiana codes on citations for illegal consumption that I can find.

I was wondering why I was not informed of my right to be sent home with a family member or another person who could of provided care.

You seem to have 'skipped over' the rest of the statute.

Here it is for you (with bolded 'highlights'):
IC 12-23-15
Arrest for public intoxication; options available
Sec. 1. A police officer or peace officer making an arrest for public intoxication may do the following:
(1) If an individual is unmanageable or is causing damage to the individual or others, take the individual into custody for criminal processing in the city lock-up or county jail.
(2) If an individual is manageable and not causing damage to the individual or others, issue a citation and do either of the following:
(A) If within reasonable proximity, take the individual to any of the following:
(i) The individual's home.
(ii) The home of a relative of the individual.
(iii) A responsible person who is competent and willing to provide care, assistance, and treatment.
(B) Take the individual to an approved public or private treatment facility or to the city lock-up or county jail if no facility is available.

There is nothing about him being REQUIRED to do one over the other.