How can I beat a public intoxication charge when I was not intoxicated

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two of my friends were walking they were hammered from drinking but I didn't even drink and all three of us were arrested for public intoxication. I could have passed a breathalyzer test but I didn't not receive one nor did I turn one down.

3 Attorney Answers

Best Answer
Hire an attorney to help fight the case for you.
Best Answer
Public intoxication charges mean more than just being drunk in public. In Arkansas you have to either be a danger to yourself, others, or property, or an unreasonable annoyance to those around you, all due to intoxication. You may have several defenses here, so I highly recommend you contact a qualified defense attorney immediately. Even though it's only a Class C misdemeanor, it's still punishable by up to 30 days in jail and/or up to a $500 fine plus court costs. Plus it doesn't look good on your record. Talk to an attorney; he or she will be in the best position to help you.
Best Answer
Mr. Dowden and Ms. Simmons both give you good advice here. You probably should have protested that you were not intoxicated at the time, and insisted that you be given a blood test to prove that, or at least a breathalyzer test. Now that some time has passed, it may be difficult for you to prove that you were not intoxicated. The officer will doubtless have testimony that you were unsteady on your feet and appeared to be intoxicated. You need to find some witnesses who saw you near the time that the cops showed up who were also sober, were not charged in this incident, and will verify that you were not intoxicated. You need to be represented by a lawyer, too.

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