I was arrested for intoxicated and disruptive what is the pusishment and how do they prove it.
Intoxicated and Disruptive cases in NC are somewhat odd. "Intoxication" is not necessarily proven via breath or blood testing.
Indeed, a good argument can be made for Intoxication is associated with crazy things like laying down in traffic, blocking the roadways and challenging people to fights.
Indeed, the statute doesn't even mention breath testing:
14-444. Intoxicated and disruptive in public.
(a) It shall be unlawful for any person in a public place to be intoxicated and disruptive in any of the following ways:
(1) Blocking or otherwise interfering with traffic on a highway or public vehicular area, or
(2) Blocking or lying across or otherwise preventing or interfering with access to or passage across a sidewalk or entrance to a building, or
(3) Grabbing, shoving, pushing or fighting others or challenging others to fight, or
(4) Cursing or shouting at or otherwise rudely insulting others, or
(5) Begging for money or other property.
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law.
Through field sobriety test results and the officers observations of your driving, and noticing the odor of alcohol about your person..
Intoxicated and Disruptive is a Class 2 misdemeanor, punishable by up to 60 days in jail. In all probability you would not receive that sentence, but it depends on your prior record level, what that record was for, in your case how many other alcohol violations you have, and even though this sounds bad, the mood the judge is in on your court date. The State has to prove that you were intoxicated, that is true, but it depends more on your conduct at the time and other things the officer can observe such as odor of alcohol, slurred speech, unsteadiness on your feet than on the results of any chemical analysis, unlike a charge of DWI which in most cases is entirely centered on the results of chemical analysis.
Through the officer's observations. Can you tell when a person is obviously drunk? Same thing, except officers are trained in this and can detect even the non-obvious factors. Slurring of speech, bloodshot eyes, bad balance, smell of alcohol, etc. All this will be used.
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