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Underage Public Intoxication

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beh1986

Junior Member
What is the name of your state? Virginia

The other night at a party I was arrested and taken to jail for drunk in public. I am 18 years old, and when the officer found me I was on a sidewalk on my phone, doing nothing out of the ordinary. I had only consumed 3 beers in a 2 hour period, so I wasn't drunk. When they officer approached me they asked if I had been drinking and I said yes, however I had no intention what so ever of driving that night. Three of my other friends were also arrested for Drunk in Public. They did not read miranda rights to any of us, nor did they give us a BAC test or any other intoxication tests. We are being charged with just Drunk in Public, rather than underage possesion, even though we were all under.

Even though its only a class four misdemeanor is there still a chance my license can be suspended? And because no tests were done and my behavior was not one of "drunkeness" is there a way you think the charges could be revoked?
 


TYRIS

Member
beh1986 said:
What is the name of your state? Virginia

The other night at a party I was arrested and taken to jail for drunk in public. I am 18 years old, and when the officer found me I was on a sidewalk on my phone, doing nothing out of the ordinary. I had only consumed 3 beers in a 2 hour period, so I wasn't drunk. When they officer approached me they asked if I had been drinking and I said yes, however I had no intention what so ever of driving that night. Three of my other friends were also arrested for Drunk in Public. They did not read miranda rights to any of us, nor did they give us a BAC test or any other intoxication tests. We are being charged with just Drunk in Public, rather than underage possesion, even though we were all under.

Even though its only a class four misdemeanor is there still a chance my license can be suspended? And because no tests were done and my behavior was not one of "drunkeness" is there a way you think the charges could be revoked?

-Miranda Rights do not have to given if you arrested. Its a myth from watching too much tv. A bac test does not have to be conducted to show a level of sobriety, Most Officers I know do not conduct them, they go off of observations of objective symptoms the subject is displaying to show impairment.

I'm not sure of your state laws, but in Ca I've never seen someone lose their license on a drunk inpublic charge.

Drunk in public charges get dropped all the time. They also get charged all the time. It depends on how well the Officer articulated your impairment in his report. Look up the law, in California, for a drunk in public charge to hold the Officer must be able to prove that you were incabable of caring for yourself.

Tyris
 

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