Do you know common defenses against public intoxication charges?

On Behalf of | Feb 10, 2020 | Firm News

Say that you enjoy going out to a bar now and then to have a few drinks. To be safe and avoid a DUI, you may walk home, to another bar or an entirely different location. Should you cross paths with a police officer after having several drinks and traveling on foot, you may find yourself arrested for public intoxication. The arrest may be the result of you conducting yourself in a drunken manner that threatens or distresses yourself or others. Would you know how to defend yourself against such a charge? 

Alcohol.org tackles the subject, to better help you assert your rights. Do not let a night of enjoyment curdle into a night of horror. 

Objective intoxication  

Some people, including police officers, may mistake your normal mannerisms for signs of intoxication. You can say that you were either not acting drunk or were not drunk at the time of the arrest. This could work as a solid defense if police did not test your BAC. 

Private location  

Even if the officer’s claim of your intoxicated state is true, the location where police arrested you may be private. 

Local jurisdictions 

The specific county where you found yourself arrested could have public intoxication laws, statues and regulations that differ from the rest of New Jersey. 

Law violation  

Having legal assistance to help comb through public intoxication laws could help build a defense. Specific wording of regulations and laws could prove your innocence. 

Police conduct  

The arresting officer may not have followed proper procedure during your apprehension. 

Do not feel that you have no recourse for a public intoxication charge. Learn more about your rights so that you can properly protect them.