Can u get charged with public intoxication in Arkansas without a Breathalyzer text ?

Asked over 1 year ago - Little Rock, AR

i spent 6 hours in jail.and go to court in a week upon this

Attorney answers (3)

  1. Bart Charles Craytor

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Yes you can get charged with public intoxication in Arkansas without a Breathalyzer test.

    Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or... more
  2. Scott Allen Scholl

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . There isn't anything in the statute defining the offense of "Public Intoxication" that references a blood alcohol content ("BAC"), and so there would be no need to use a breathalyzer to show what the BAC was.

    The statute defines the offense as when someone is in a public place "manifestly under the influence of alcohol or a controlled substance" such that they are likely to endanger themselves, others or property, or that they "unreasonably annoy" a person in their vicinity.

    This response is for information purposes only, it does not create any attorney-client relationship.... more
  3. William A. Jones Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . While I'm not licensed in your state I think I can answer this one for you. YES, just as you can be arrested and convicted in a trial of driving under the influence of alcohol without a breath or blood test. Most people, and all police officers, can recognize the outward signs of intoxication in the human being. So if the officer also has evidence that alcohol is the intoxicating agent like the odor of an alcoholic beverage on your breath, you can be found guilty.

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