Public Intox and Disturbing the peace

[IIBARKERII]

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


We got the cops called on us for being to loud we calmed down, they gave us a warning. They came back again because I got mad and yelled, they gave me a Public Intox and Disturbing the peace. I can deal with the disturbing the peace but the Public Intox I don't understand. I was in my house the entire time and they never gave me a Breathalyzer, should I fight the PI? Please help Thanks

[Roo]

I don't think a breathalyzer is necessary to prove intoxication per se. As for being in your house, that appears not to matter:

7-7-15. Public Intoxication.

(a) A person is guilty of public intoxication if he is under the influence of beer, alcoholic beverages, intoxicating liquor, a controlled substance, or any substance having the property of releasing toxic vapors, to a degree that the person may endanger himself or another, in a public place or in a private place where he unreasonably disturbs other persons.

(b) It shall be unlawful for any person to consume, possess or have, in any City park or upon any public property, any beer, alcoholic beverage, or intoxicating liquor.

(c) A peace officer or magistrate may release from custody an individual arrested under this section if he believes imprisonment is unnecessary for the protection of the individual or another.

(d) An offense under this section shall be deemed a class C misdemeanor.


REF: [url=http://webserv.sandy.utah.gov/sandycode/criminal/Chapter%207/7-7-15.html]7-7-15 Public Intoxication[/url]