my friend had been drinking and was stopped for speeding and the officer came to the car and took her for a brief sobriety testing then arrested her, then came back for me and just told me to get off, without asking me or "observing" me at all and handcuffed me without telling me the reason, if i hadn't asked. he didn't give a a sobriety test at all and i want to know if i have a chance if i plead not guilty in court and if i somehow am found guilty, what can happen to me?
Criminal Defense Attorney
The officers are not required to give you field sobriety tests or a breath test when arresting you for public intoxication. However, if you are convicted and it is a first or 2nd PI, then you will only be fined. If it is a 3rd or more, you could get jail time.
Hire a lawyer and fight it. The burden on is on the prosecution to prove it and they don't have much proof based on what you report.
(He arrested to you to "mess you up" as a witness for your friend. He wants the State to be able to argue that you were intoxictated therefore you are not in a good position to testify that she was not intoxictated.)
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