Can I get charged with public intoxication if i didn't get tested?

What is the name of your state (only U.S. law)? TEXAS
Dear sir,
I am a High School graduate with Texas Scholars planning on pursing a carrier in pharmaceuticals. I graduated with every class with or above a B average. I am currently unemployed at the time of this post and I am not enrolled in college for reasons of my own. I have NEVER been charged with any felony in the 18 years of my life.

On Thursday of November 12 2009, I was arrested for Public Intoxication. My story begins on November 11 2009. I was at my house with nothing to do so i decided to call a friend and see what he has planned. He tells me he is at his girlfriends house and will be returning to his house shortly. I figured it was a good opportunity to get out the house because i was going insane with boredom. He tells me he will give me a call back to let me know when he is leaving from his girlfriends house and will meet up with me halfway. This was at about 11:30 pm on Wednesday. I get the call back and head out onto a journey to meet my friend. I had brushed my teeth and shaved my face before i left to plan ahead (because i knew i wouldn't have the chance to do so until the next day). My friends house is a long walking distance from my house (about 4 miles). About 30% into our journey, we are stopped by a police vehicle with two policemen in the car. They step out the car and one tells me to remove my hands from my pockets for what reason is still a mystery to this day and begins to ask the routine questions. I have been stopped before and for some reason i attract police as if i have an donut aroma. I thought by the initial conversation we would have been off the hook. But they still suspected that we were up to something and proceeded searching me and my friend. I had a wallet, MP3 player, house keys, cell phone and a lighter. Nothing Illegal. My friend on the other hand, had about 30 grams of marijuana on him and some other personal items. Very illegal. After the cops had seen this they put handcuff's on us and one cop had asked if we were planning on selling the weed. My friend had answered no to selling the weed and it was his to consume. They put my friend in the cop car and then the cop asked me if i smoke weed. I answered yes and it has been long since i last smoked (which is the honest to god truth). The cop told me "We are not going to arrest you but just have you detained and then you are set free." Then they put me in the back of the cop car and ran a background check on me and my friend. We both have our records clean. Then the other cop opens the door and tells me i am being arrested for public intoxication. We were taken to the police station and went through the finger printing process, picture taking, and the whole nine yards. I spent about 15 hours in total in jail starting from my arrest at approximately 1:30am. I went to court that same day and pleaded No Contest because i was afraid they would use a drug test on me and i smoked weed within 30 days. My next court date is on December 21 2009.

I have several questions but i will narrow it down to three.

1. Is this legal because i never undergone any tests proving that i was an endangerment to myself or others around me?

2. Will this affect me getting a drivers license? (note:this is one of the reasons i am not in the college i want to go to)

3. Since i plead no contest what should i do when i go to my next court date?

P.S. my friends grandfather is a constable and had gotten the police report the very next day. It said "I had red glossy eyes with marijuana aroma coming from my breath". How is that possible if i brushed my teeth before my arrest? What is the name of your state (only U.S. law)?

If you've plead no contest, you'll be found guilty.
A conviction will bar you from getting a license until you are 21.
A breath test isn't necessary to convict you.
Being a "endangerment" isn't a criteria in this charge.
Brushing your teeth will not totally eliminate the smell of drugs/alcohol.
I'd suggest a lawyer if this is important to you.

Frankly, unless your "career in pharmaceuticals" is a euphemism for drug dealing,
I'd strongly suggest you stop engaging in illegal activity especially those involving
drugs and alcohol. Those convictions will very much end up being career killers.

The officer asked you to take your hands out of your pockets to make sure you didn't have a weapon in them. That way, police officers get to go home at night.

What was the reason for the search?
You cleverly said you have never been arrested for a felony. What misdemeanors have you been arrested for?
You said you hadn't smoked weed in a really long time, but didn't want to take a drug test because you would drop dirty.

Yeah, you need to realize that every time you ignore the law about illegal drugs or alcohol you are driving the stake into your pharmacy career.

cyjeff said:

The officer asked you to take your hands out of your pockets to make sure you didn't have a weapon in them. That way, police officers get to go home at night.

What was the reason for the search?
You cleverly said you have never been arrested for a felony. What misdemeanors have you been arrested for?
You said you hadn't smoked weed in a really long time, but didn't want to take a drug test because you would drop dirty.

Yeah, you need to realize that every time you ignore the law about illegal drugs or alcohol you are driving the stake into your pharmacy career.

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there was no cause for the search. and when i said i hadn't smoke i meant within the past 12 hours.

never arrested for anything what so ever. last week was the first time i spent a night in jail.

MrWright1451 said:

there was no cause for the search. and when i said i hadn't smoke i meant within the past 12 hours.

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Your definition of "long since" smoked and the law's is completely different. If yo were wearing the same clothing that you wore when you were smoking, you REEKED of weed.

I don't know why pot heads figure that the smell goes away immediately. It clings to your hair and clothing until washed away.

never arrested for anything what so ever. last week was the first time i spent a night in jail.

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cyjeff said:

Your definition of "long since" smoked and the law's is completely different. If yo were wearing the same clothing that you wore when you were smoking, you REEKED of weed.

I don't know why pot heads figure that the smell goes away immediately. It clings to your hair and clothing until washed away.

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Wow they had NOTHING against me. I changed my clothes, brushed my teeth and i even washed my hair in the sink. So everything you just posted can be ruled out. You think i am ignorant because i smoke marijuana? If I was walking by myself this would have never happened. But it did happen so im looking for advise on the situation. Look you didn't even answer any of my questions. you only answered it with another dumb ass question. And for your information, I got a 93 on my pre Calculus final exam in my junior year..... HIGH! Hows that for a pot head =P im intelligent but i just got bad luck.

FlyingRon said:

If you've plead no contest, you'll be found guilty.
A conviction will bar you from getting a license until you are 21.
A breath test isn't necessary to convict you.
Being a "endangerment" isn't a criteria in this charge.
Brushing your teeth will not totally eliminate the smell of drugs/alcohol.
I'd suggest a lawyer if this is important to you.

Frankly, unless your "career in pharmaceuticals" is a euphemism for drug dealing,
I'd strongly suggest you stop engaging in illegal activity especially those involving
drugs and alcohol. Those convictions will very much end up being career killers.

Click to expand...

Are you serious? But i was sober at the time of my arrest! Well actually i don't think Public Intoxication wouldn't be anything if "endangerment" wasn't a criteria. On the police report it said i was an endangerment to myself and others around me. SO endangerment would be a factor in this case wouldn't you agree? thanks you have been a big help so far

MrWright1451 said:

Wow they had NOTHING against me. I changed my clothes, brushed my teeth and i even washed my hair in the sink.

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Did you wash out your lungs as well? Washing your hair in the sink isn't going to be comprehensive. You being the smoker can not detect how foul you still smell. I had a pot smoking roommate. Even after he came out from the shower I detect it.

So everything you just posted can be ruled out. You think i am a ignorant because i smoke marijuana?

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That is the general assumption. Especially someone who expects to get a career involving pharmaceuticals should be smart enough to realize that violating laws directly related to his proposed profession is IGNORANT.

The situation of whether you were alone or whatever doesn't matter. You were breaking the law. The cop had probable cause, there was evidence of your guilt. That will all bear against you in court. There's not a single indication anywhere that you have any defense nor was their any impropriety.

You're going to take your lumps on this charge OR get a lawyer to see if there's anything you've missed that might be mitigating or whether he can negotiate something with the prosecution. Do so now, before the next court appearance, for the next one will almost certainly be a "I find you guilty, here's your sentence" event.

MrWright1451 said:

Wow they had NOTHING against me. I changed my clothes, brushed my teeth and i even washed my hair in the sink. So everything you just posted can be ruled out. You think i am ignorant because i smoke marijuana? If I was walking by myself this would have never happened. But it did happen so im looking for advise on the situation. Look you didn't even answer any of my questions. you only answered it with another dumb ass question. And for your information, I got a 93 on my pre Calculus final exam in my junior year..... HIGH! Hows that for a pot head =P im intelligent but i just got bad luck.

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Apparently, pot makes you grumpy.

My question, "what was the reason for the search" was not curiosity. If there was no reason for the search, there could have been an out.

Now, you can bite me.

If you are so smart... why would you think that a pharmacy license wouldn't be effected by your illegal drug use?

FlyingRon said:

Did you wash out your lungs as well? Washing your hair in the sink isn't going to be comprehensive. You being the smoker can not detect how foul you still smell. I had a pot smoking roommate. Even after he came out from the shower I detect it.

That is the general assumption. Especially someone who expects to get a career involving pharmaceuticals should be smart enough to realize that violating laws directly related to his proposed profession is IGNORANT.

The situation of whether you were alone or whatever doesn't matter. You were breaking the law. The cop had probable cause, there was evidence of your guilt. That will all bear against you in court. There's not a single indication anywhere that you have any defense nor was their any impropriety.

You're going to take your lumps on this charge OR get a lawyer to see if there's anything you've missed that might be mitigating or whether he can negotiate something with the prosecution. Do so now, before the next court appearance, for the next one will almost certainly be a "I find you guilty, here's your sentence" event.

Click to expand...

Ok this really isn't going anywhere. First of all how was i breaking the law if i was sober? Look they didn't even mention ANYTHING about drinking or doing drugs until AFTER they found the weed on my friend. So if i wasn't with my friend at that time and i had nothing on me, im more then 100% positive that they would have let me go. But that really isn't point that i am trying to get across. I feel that it is unjust for what they did to me just because they wanted a "good bust". I smoke weed for my own purposes but i dont plan on smoking forever. actually i have cut down considerably alot since my days back in high school. I can already see that you are completely against the whole idea of smoking marijuana. which is fine by me. The only thing that they got against me is that there is evidence of weed that they can tie against me. I chose this carrier not because it wasn't my desiring dream to become a "legal drug dealer" as you so kindly put it, but because i am unsure of what i wanna do in life. I was exceptional in chemistry and in pharmacy and you need to be good at it. So basically it was on a whim so to speak. So dont take this pharmacy thing so serious and use that as ammunition because it could change to something else. second i really doubt that marijuana lingers on my hair (which is a buzz cut) or lungs for 12 hours strait. You are also missing the 2 key factors that i purposefully left out. i ate 5 hours prier to my arrest and I do not consume heavy amounts of marijuana. Eating food does mask the smell of any smoke on your breath. Enough arguing on this subject. i understand you guys are just telling me how it is. i still do appreciate your advise even though i found it insulting to my intelligence.

Believe what you want. We've told you straight. If you want to rationalize things, that's up to you. You choices are still what I told you in the first post.

Take your lumps with the conviction which they don't even need to present a case to convict you on
a no-contest plea. Further, the testimony of the officer to your drug odor and intoxicated behavior
is going to be sufficient to convict you even if you plead not guilty unless you come up with some
evidence to the contrary.

-OR-

get a lawyer to look at the facts.

We can't help you because we're looking at this through the peephole of the internet and then through your drug-hazed eyes.

FlyingRon said:

Believe what you want. We've told you straight. If you want to rationalize things, that's up to you. You choices are still what I told you in the first post.

Take your lumps with the conviction which they don't even need to present a case to convict you on
a no-contest plea. Further, the testimony of the officer to your drug odor and intoxicated behavior
is going to be sufficient to convict you even if you plead not guilty unless you come up with some
evidence to the contrary.

-OR-

get a lawyer to look at the facts.

We can't help you because we're looking at this through the peephole of the internet and then through your drug-hazed eyes.

Click to expand...

Well looking at it from your perspective i can see where your coming from and do completely understand. As for the drug-hazed eyes statement you just made, i can see you think i am a drugie of some sort. I can safely say that i am a good person because my mother is partially blind and can not see so i help her with my nine month year old sister and give my 11 year old brother his insulin shots everyday. I value my education and i am a family oriented person. I have made mistakes in my life but no one is perfect. but besides all that, I just got some very good news from my neighbor and he has a lawyer set up for me to help me with my case. I just found it unnecessary for you to slander me with my carrier choice because i wanted to give a little incite to show I do have a goal set in my life and i am not just aimlessly wondering around in life smoking dope and up to no good. If i knew it would have went this far i wouldn't have said anything about it. But mainly i wanted to find out what am i am about to lose here and if i stood a chance. All i learned is from this is to choose better friends. Like I said before I am extremely grateful that you took the time to answer my post even though i am stubborn with pride. i got the answers i needed that i could not find anywhere else on the web, for my case is different then others. You guys are good lawyers to tell me like it is. Keep up the good work because you are like water..... good for the environment