public intox

[matt43452]

What is the name of your state? Utah

I was at a house party where police showed up due to a noise complaint. After about an hour all but two of the officers left and I decided it was time for me to leave as well.

After I exited the house and sat on the step to wait for friends I was to drive home, I was approached by one of the officers and arrested for public intox.

I was handcuffed and walked back to the cruiser. I asked the officer why I was being detained and he said, "You reek of beer."

At that point I almost requested a breathalyzer to prove I wasn't inebriated. I didn't because I feared they would just shine a light in my eyes to and claim my pupils didn't contract (I doubted very much that I did indeed "reek" of beer). No steps were taken to determine if I was intoxicated at all. Since I was seated quietly, they couldn't claim I was stumbling about or exhibiting any other behaviors associated with drunken individuals. The burden of proof is on the state....wouldn't the lack of any standard test be enough for reasonable doubt?

The law I allegedly violated is as follows:
76-9-701. Intoxication -- Release of arrested person or placement in detoxification center.
(1) A person is guilty of intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger the person or another, in a public place or in a private place where the person unreasonably disturbs other persons.

[quincy]

Three questions:
How old are you?
Did the officers see you drinking at the house party?
While you were sitting on the steps, did you have your car keys in your hand?

[CdwJava]

Originally Posted by matt43452

The burden of proof is on the state....

Correct.

wouldn't the lack of any standard test be enough for reasonable doubt?

No.

The lack of any chemical tests or (from what you are saying) lack of bserved objective symptoms would make the case tough to prove, however.

- Carl

[matt43452]

Originally Posted by quincy

Three questions:
How old are you?
Did the officers see you drinking at the house party?
While you were sitting on the steps, did you have your car keys in your hand?

I'm 33 and no, the officers did not see me drinking. Once the police showed up, I had stopped drinking. Over the course of the evening, I had consumed 3 beers.

While I was sitting on the steps, I had nothing in my hands. I was just sitting and waiting for my friends.

I do know that one individual at the party had been out there giving the officer who arrested me a hard time. About 10 minutes after he came in the house, I went out. Maybe the officer initially thought I was him again (he and I look similar), and by the time he got close enough to see it wasn't the same guy (he instructed me to stand and put my hands on my head when he was still approx. 10 feet from me) he wasn't willing to admit he made a mistake and tell me to beat it.

I have scheduled a meeting with the prosecutor to go over the facts of the case. I want to see what the officer claims transpired. Unless the officer embellishes things, I'm hopeful that the state will just toss this. I consider this to be a waste of time and money.

I appreciate your taking the time to respond to my questions.

[quincy]

It does seem like a case of mistaken identity. If all that you say is true, it sounds like the police will have a hard time proving you were intoxicated and, therefore, I hope it gets tossed, too. Good luck.

[matt43452]

Originally Posted by quincy

It does seem like a case of mistaken identity. If all that you say is true, it sounds like the police will have a hard time proving you were intoxicated and, therefore, I hope it gets tossed, too. Good luck.

Yeah, time will tell.

Thanks for all of the advice. This was helpful.