Public Intoxication Charge

I was in a car accident and the driver was charged with DUI. They charged me with Public Intoxication without even giving me a breathalyzer or any kind of testing. They did a breathalyzer on the driver and he did not pass but never gave one to me. Can they legally charge me with Public Intoxication without any breathalyzer results????

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



The other driver's situation was probably so blatant, they didn't need a breathalyzer. You on the other hand, are a different story. Now....you don't explain who you are: the driver of second car? or the passenger of one of these cars?


You haven't told us your state, but this is my take: if you were NOT driving and you were merely a passenger in a private vehicle, how can you be charged with PUBLIC INTOXICATION? Fight it on this count --> not public.

Public Intox Charge

I'm sorry, guess I didn't explain too well. I am from Indiana, I was a passenger in my car, the guy driving was my brother in law, there was not another car involved, it was icy and he lost control and hit a pole. They did a breathalyzer on him and he failed. They never did a breathalyzer on me but charged me with public intoxication, they said that I was lying about the accident. The driver said a car ran him off the road, I did not see anything, I was looking in my purse at the time, next thing I knew we were spinning around and hit the pole on my side of the car. It totaled the car, cops never even asked me if I was ok, just started screaming at me, never called an ambulance or anything. So, they arrested me because they said I was lying about the accident, I just told them what he told me. I just don't know how they can arrest me without any kind of tests, they have nothing to back up the charge. I go to court next month and don't know whether I should try to hire a lawyer or just go and accept the charge. Just doesn't seem right to me.

Re: Public Intox Charge

Ladycouger1 said:

I'm sorry, guess I didn't explain too well. I am from Indiana, I was a passenger in my car, the guy driving was my brother in law, there was not another car involved, it was icy and he lost control and hit a pole. They did a breathalyzer on him and he failed. They never did a breathalyzer on me but charged me with public intoxication, they said that I was lying about the accident. The driver said a car ran him off the road, I did not see anything, I was looking in my purse at the time, next thing I knew we were spinning around and hit the pole on my side of the car. It totaled the car, cops never even asked me if I was ok, just started screaming at me, never called an ambulance or anything. So, they arrested me because they said I was lying about the accident, I just told them what he told me. I just don't know how they can arrest me without any kind of tests, they have nothing to back up the charge. I go to court next month and don't know whether I should try to hire a lawyer or just go and accept the charge. Just doesn't seem right to me.

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Accept the charge ?? have you been drinking ??? Wake up! there is no charge against you.. fight it in court and have the whole thing thrown out..