i spent 6 hours in jail.and go to court in a week upon this
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.
Criminal Defense Attorney
Yes you can get charged with public intoxication in Arkansas without a Breathalyzer test.
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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.
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