Resisting Arrest

State of Tennessee: You are arrested for public intox after being removed from a private residence and also arrested for resisting because you continue to drop your arms during search (possible because you are itoxicated) - the public intoxication charge is obviously dropped how does that effect your resisting charge? Is the first charge illegal?

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

If first charge is dropped, it is because there was no element of the crime satisfied -- private residence does not equal public intoxication.

As to dropping your arms, your attorney should argue there was no specific intent to resist arrest because you were intoxicated -- couldn't form the capacity to specifically resist.