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

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

Little Rock, AR -

Attorney Answers (3)

Bart Charles Craytor

Bart Charles Craytor

Criminal Defense Attorney - Texarkana, TX
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
Scott Allen Scholl

Scott Allen Scholl

Criminal Defense Attorney - North Little Rock, AR
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
William A. Jones Jr.

William A. Jones Jr.

Criminal Defense Attorney - Wexford, PA
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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