QUESTION
Can you go to jail for public intoxication if the cops don't test you
Asked on Jul 15th, 2014 on Police Misconduct - Texas
More details to this question:
My husband was taken to jail and got a ticket for public intoxication but the police never gave him any test. They never told him what he was being charged with and they never read him his rights. They just beat the crap out of him and said he was trying to resist arrest and tried to assault an officer and he never did, several witnesses were there. My question is if he asked several times what he was being charged with and they wouldn't tell him, nor did they read him his right and didn't give him any field sobriety test can they charge him with public intoxication
1 ANSWER
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The short answer is yes. Public Intox is a Class C offense. Usually, cops give these tickets to citizens who annoy them for whatever reason (in my opinion). Obviously, there are times when the ticket is justified, so please partdon my abject cynicism of police. It can be proven through testimony that your husband was intoxicated to the point he was a danger to himself or others. It's useful to the defense that no field sobriety tests were administered. But, it's certainly not usual in this contect, nor is it required. Depending on the circumstances, it may be worth fighting, or it may be worth considering alternative resolutions.
Rick
Answered on Jul 15th, 2014 at 1:12 PM