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  1. #1

    Default Public Intoxication Arrest

    My question involves criminal law for the state of: Indiana

    I'm 21 years old and was recently arrested for Public Intoxication. A police officer approached and questioned me when I was outside early in the morning. I refused a breathalyzer test, and he handcuffed me and then said that I could go jail where I would have submit to a breathalyzer test or to the hospital to be medically cleared to go to jail. I chose to go to the hospital. They did not take any blood or any tests from me at the hospital and cleared me medically to go to jail. I spent 12 hours in jail and then was released. I had recieved a minor consumption charge in 2005 and paid a fine for that years ago and completed all the steps for the plea arrangement. My question is should I get an attorney and fight the charge or not? and what would be the likely penalty? Was it a bad idea to refuse the breathalyzer tests?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: Public Intoxication Arrest

    The penalty depends upon the exact charge against you - do you happen to know the statute number?

    Try to get a free consultation with a criminal defense lawyer, to help you decide if you should try to plea bargain. If you don't want to do that, at least talk to the prosecutor about the charges before your plea. You're not charged as a minor, and it's a pretty minor charge, so I wouldn't be surprised if you can get a "no jail" recommendation from the prosecutor if somebody asks. Your conduct is starting to form a pattern, so there may be concerns about alcoholism.

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