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I was arreseted for intoxication on my friends property without given a breathilyzer. Is that legal for them to do?

Panguitch, UT |

I also did nothing for them to suspect i was intoxicated. They arrested me and made me spend two days in jail. However my friend that owns the house was clearly intoxicated. Is this fair for me to be punished for his actions? To be arrested for intoxication and spend two days in jail without a breathilyzer?

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Attorney answers 3


In most jurisdictions, breathalyzer tests are only given for driving under the influence violations. Officers routinely arrest people for public intoxication based upon their own observations. You need to consult with counsel.


Intoxication can be charged on private property. It all depends on whom the officers believed and what they objectively observed. Breath machines are generally reserved for dui cases. You should have a lawyer look over your case.


Police officers sometimes will use a preliminary alcohol screening device to determine whether a person has alcohol in their system for an intoxication arrest, but usually, they base the arrest on observations, including conduct, bloodshot eyes, and the odor of alcohol. You should not be punished for anything your friend did.

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