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How is getting pulled from the backseat of a car considered public intoxication?
Anonymous4 views6 answers
The driver was arrested for DWI....no one was breathalyzed, no one gave blood, I was not given a sobriety test...A sober friend standing watching this happen offered to drive me home. They arrested me anyway. I was held and released for PI...I know I need an attorney if I am to get this off of my record...from these limited facts what are my chances? Thanks
Larry Lex JohnstonCriminal Defense AttorneyHurst, TX ·
The short answer is that it is NOT public intoxication. You were NOT intentionally in a public place while intoxicated to such an extent that you were a danger to yourself or others. Get your lawyer hired and fight it.
They need to prove, for PI, that you were a "danger to yourself or others." This is a much higher burden than just regular old DWI intoxication. Make sure you get an attorney familiar with the issues in these type of cases. Class C prosecutors tend not to be too dismissal happy with these, so make sure you get a lawyer who is trial-ready.
A car driving on a public roadway is in public, as is all persons inside of the car. Since "[a] sober friend . . . offered to drive [you] home," one might infer that you, too were intoxicated. Hire an attorney.
The State has to prove that you were intoxicated to the degree that you presented a danger to yourself or others. This is a subjective standard but the officer has to present facts to support his allegation. Intoxication alone is not enough. The State also has to prove that you were in a public place. The fact that one of the other passengers was sober and willing to drive you home is another hurdle for the State. Talk to a few lawyers and go with the one with whom you feel most comfortable and who will represent you aggressively.
