Questionable Public Intox Charge
One evening I was walking back to my apartment with several friends from the bar district part of a college town when we were stopped by police officers for questioning. They were responding to a witness report that I and someone else in my group had taken some inexpensive personal property found along the sidewalk of a residence on our way. (We were never charged by the owner of that property, who due to the inexpensive nature of the items (less than $10), declined to press charges and appreciated our coming forward to offer to pay for the property which is, "taken so often, we kinda expect it from time to time".)
Anyways, while being questioned by officers that night, I declined to answer any questions about the property, but openly admitted to having a few drinks with my friends at the bar. The officer then checked my ID, asked for a breathalyzer, of which I politely asked if I needed to comply. He answered no and continued with questioning before administering a Horizontal Gaze Test of which I passed the test fairly well. I likely came off as apprehensive to questioning, but I responded with straight forward answers keeping in mind my rights. The officer then asked me for a second breathalyzer asking me if I was going to "cooperate" this time in a tone that showed his heightened frustration by my 'no comment' responses to questions about the property. I decided to blow, knowing that I wasn't displaying any intoxicating behavior while being over the age of 21 and got around a .12 BAC.
I was then informed I was being arrested for public intoxication, and taken to jail. My friends were let go charge free.
My question is, could I have been wrongfully arrested if the officer failed to observe any intoxicating behavior and charged me with a public intox out of frustration for not being able to charge me with anything else? Or are the property allegations enough to show diminished judgment, even if I wasn't charged with damages? While being processed, one of the officers at the jail commented to me, "you don't seem very intoxicated at all" and "you seem like a cooperative guy". I know in some states, even if you haven't had any alcohol, you can still be guilty of a public intox by acting intoxicated. But what if I have had a few drinks and was not acting intoxicated?
Re: Questionable Public Intox Charge
You didn't follow the instruction to tell us what state you were in, so we can't look up the statute at issue. But I can't even begin to tell you how many people who are fall-down drunk believe that they're "holding their liquor" and that "nobody could tell I had been drinking." What, exactly, does the police report from the incident say about your demeanor and signs of intoxication? What, exactly, is indicated on the jail intake form?
Re: Questionable Public Intox Charge
Sorry for the delay. This arrest was made in the state of Iowa. I do not have any documentation from the jail intake form, the report indicates:
'Defendent was observed by witness taking objects from [location]. Upon talking with defendant, I could smell the odor of an alcoholic beverage on his breath and person. Scope 4 of 6 on HGN. Post arrest BAC of .12*. Dft. said he had about 4-5 drinks this evening.'
Their was no mention about my behavior/actions that led the officer to believe I was 'intoxicated'.
The witness observed this from a block away in a dark area. This person had also mentioned seeing the other person in my group that was also involved in the taking of an object from the location. Owners of property were unaware of this incident until me and the other person involved came forward to settle the cost of the property, and thus the owner never filled any charges. They would likely come forward with a written statement of appreciate for coming forward.
If the officer was asked about his/her direct observation of my behavior, I'm certain they would respond that I was apprehensive to questioning about the property in question (which I was not in possession of at that time), but was straight forward about my other actions with friends that evening (Having a few drinks at the bar and walking home around bar close (1:30am).
Any advice as to how I should approach the details of this situation in court would be appreciated. Would admitting to the damages hurt me by showing I was displaying poor judgement, or would the details pertaining to the owner's admiration for coming forward on something so 'cheap' he expects to 'frequently replace it every few months' due to its cose location along a public college town sidewalk?
Re: Questionable Public Intox Charge
Presumably then Iowa Code Sec. 123.46. The officer stopped you to investigate a theft that you admit being involved in, found you to smell of alcohol, investigated further and found you to have a significant BAC. You and your lawyer can try to figure out if the officer is going to testify to more than he wrote in his report about why he believed you were intoxicated. I'm not in a position to guess.