For a Public Intoxication charge the officer is not required to administer a Breathalyzer test. they may rely on their own observations to determine probable cause for arrest, such as stumbling, slurred speech, or other acts. Of course, those observations are subject to scrutiny in court, and especially a jury trial, where your lawyer can ask about the lack of Breathalyzer use, but it is only one fact to be considered.
I would be happy to speak with you concerning your arrest and set up a free phone consultation
Answered on Nov 22nd, 2010 at 3:43 PM