What is the name of your state (only U.S. law)? CA
I was detained (not arrested) for 647(f)PC Public Intoxication on this past Monday night.
I am a 29yo 190lb male, and after dinner consumed approximately 4 beers and 2 shots between 8pm and 1:30am. My BAC was probably around 0.03-0.04 (I've used a personally owned breathalizer in the past to get a good gauge of how my body processes alcohol). No record, no prior convictions, arrests, etc.
Walking back to my hotel with a friend we were stopped by Monterey Police. They had us immediately sit on the curb. About 20 seconds later I was asked to stand up, put in cuffs, and taken to detention. Booked, finger printed, and held for 8 hours, but no charges were levied.
I contended that I was not drunk and requested a field sobriety test, breathalizer or blood test on the scene and again at the station, but it was denied. Upon reading the forum I see that it is not a requirement, and the officer's judgement is enough.
So my friend and I were walking back to the hotel, on the sidewalk. We were not loud, didn't urinate publically, didn't jaywalk, weren't falling down, were not committing vandalism. Walking and talking like normal people. Neither of us had car keys on us, and no intention of driving. No weapons, drugs, paraphenalia, otherwise. The officer gave no information about why the arrest was being made, or what led him to judge me as intoxicated, despite my asking.
The speed with which we were first approached and then detained was discomforting. The entire process took less than two minutes, probably less than one. I am confident they intended to arrest regardless of the circumstance, and were figuring they might find drugs, a weapon, or otherwise.
So it seems like this was just a detention, and not a true arrest. No charges filed, no court action, so there's nothing to have expunged or sealed as I understand it. The only record is that at the Monterey police dept files. If I'm asked on a job application if I've ever been arrested, can I still say no as this was just a detention for sobriety?
The officer that discharged me indicated a $10 fee to obtain a copy of the police report that may take several weeks for the officer to complete. Is that reasonable? It sounds outlandish to me.
Thank you for your time to answer my questions.
I was detained (not arrested) for 647(f)PC Public Intoxication on this past Monday night.
I am a 29yo 190lb male, and after dinner consumed approximately 4 beers and 2 shots between 8pm and 1:30am. My BAC was probably around 0.03-0.04 (I've used a personally owned breathalizer in the past to get a good gauge of how my body processes alcohol). No record, no prior convictions, arrests, etc.
Walking back to my hotel with a friend we were stopped by Monterey Police. They had us immediately sit on the curb. About 20 seconds later I was asked to stand up, put in cuffs, and taken to detention. Booked, finger printed, and held for 8 hours, but no charges were levied.
I contended that I was not drunk and requested a field sobriety test, breathalizer or blood test on the scene and again at the station, but it was denied. Upon reading the forum I see that it is not a requirement, and the officer's judgement is enough.
So my friend and I were walking back to the hotel, on the sidewalk. We were not loud, didn't urinate publically, didn't jaywalk, weren't falling down, were not committing vandalism. Walking and talking like normal people. Neither of us had car keys on us, and no intention of driving. No weapons, drugs, paraphenalia, otherwise. The officer gave no information about why the arrest was being made, or what led him to judge me as intoxicated, despite my asking.
The speed with which we were first approached and then detained was discomforting. The entire process took less than two minutes, probably less than one. I am confident they intended to arrest regardless of the circumstance, and were figuring they might find drugs, a weapon, or otherwise.
So it seems like this was just a detention, and not a true arrest. No charges filed, no court action, so there's nothing to have expunged or sealed as I understand it. The only record is that at the Monterey police dept files. If I'm asked on a job application if I've ever been arrested, can I still say no as this was just a detention for sobriety?
The officer that discharged me indicated a $10 fee to obtain a copy of the police report that may take several weeks for the officer to complete. Is that reasonable? It sounds outlandish to me.
Thank you for your time to answer my questions.
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