Many people get arrested for the crime of public intoxication in Indiana, in relatively private areas near an apartment building or home. The public intoxication laws in Indiana make it a crime to be in a public place, in a state of intoxication caused by the use of alcohol or drugs. In Tippecanoe County, Purdue students are frequently arrested and charged with public intoxication when they are in the vicinity of campus apartments or homes. If you are charged under the public intoxication laws in Indiana, you may have a valid defense at trial that you were not in a public place.
The Indiana Court of Appeals has issued several recent opinions dealing with the public intoxication laws in Indiana that protect the right to privacy. In Christian v. State, the Defendant was observed by police in a driveway between her friend's house and a neighbor's residence. She was confused about her location and disheveled. The police officer described the driveway as an "area that people in the neighboring area use to park" and an "area used by the public to park perpendicular" to a public street. The defendant admitted to being intoxicated. The Court of Appeals reversed her conviction and held that there was insufficient evidence that the defendant was in a public place. The Court further stated that under the public intoxication laws in Indiana, an intoxicated person must be in an area used by the public in general rather than only the residences next to the area.
The Court of Appeals also reversed a conviction for public intoxication for a man arrested in an area off the porch of a private residence. In Haynes v. State, the defendant stood screaming and yelling on the front porch of a private residence. A police officer on the sidewalk ordered the defendant off the porch. The defendant walked off the porch to within two or three feet of the sidewalk, where the officer made observations of intoxication. He then arrested the defendant for public intoxication. The Indiana Court of Appeals reversed his ultimate conviction for public intoxication and found that there was no evidence that the area "off" the porch was a public area. In contrast the Court of Appeals has upheld convictions for public intoxication where the arrest was made in the common area of an apartment complex openly accessible to the public.
These fact patterns are common in charges of public intoxication on the Purdue campus in West Lafayette, Indiana. Each case is fact specific. If you are charged with public intoxication in Indiana, it is important to obtain an attorney immediately to evaluate a defense that you were not in a public place under the public intoxication laws in Indiana. Many people appear in Indiana courts without a lawyer and plead guilty, or accept diversion agreements, when they had a valid defense to a charge of public intoxication. This happens frequently when Purdue students are charged with public intoxication. Criminal convictions cannot be expunged in Indiana.
You should never appear in Court without a lawyer. Laws change frequently and defenses to charges in a criminal case are fact specific. If you are charged under the public intoxication laws in Indiana, you may have a valid defense that you were not in a public place.
Always seemed silly to me that in my college days in Bloomington, individuals walking home after drinking could be arrested. Isn't walking preferable to driving?
Does the driver get fined for having the intoxicated person in the car? And, what about the folks who are "driving" home intoxicated because they are dependent on a wheelchair? Is that public intoxication or DUI?
Joyce -- good questions. If the passenger is arrested for public intoxication and is 21 years old, the driver will not get ticketed. However, if the passenger has marijuana in their possession, the driver could get charged with Maintaining a Common Nuisance, a Class D felony. If it is a public intoxication case and the passenger is under 21, there is risk in the driver being charged with contributing to the delinquency of a minor. This is fact sensitive. It is important not to give a statement to police that could be incriminating.
I was arrested in a motel parking lot for public intoxication by a gung ho Muncie police officer.
I loaned my cell phone to a woman and was waitng for her to return it, and the police swarmed her and then one asked me where I came from.
I was standing behind my car in the parking lot and one officer blurted out she says she does not Know you. I said that she has my cell phone.
Later, finally One gave me a breatherizer and I failed it. He did not arrest me right away. The officer was just trying to put us together.
He came back to me and said your going to jail.
He did not read me my rights either.
My whole point would be, couldn't he have asked me to stay at the motel or have someone pick me up? Or am I in public?
I was arrested in a motel parking lot after loaning my cell phone to a woman. Waiting behind my car. All of a sudden Police came from both directions on Madison street in Muncie. they surrounded her and then one police officer asked me where I came from. I pointed to my car.
One officer spoke up said she does not even know you. I said she has my cell phone.
Later he came back to me and gave me a breatherizer which I failed.
He did not arrest me right away. He was busy trying to put us together I think. With no luck he came to me and said you are going to jail.
Without reading me my rights.
But my point woul be, was I in public? Could I have been asked to stay there, or have someone pick me up?
And why did they have to ramsack my car, as if I am some big drug dealer?
I was arrested in a motel parking lot after loaning my cell phone to a woman. Waiting behind my car. All of a sudden Police came from both directions on Madison street in Muncie. they surrounded her and then one police officer asked me where I came from. I pointed to my car.
One officer spoke up said she does not even know you. I said she has my cell phone.
Later he came back to me and gave me a breatherizer which I failed.
He did not arrest me right away. He was busy trying to put us together I think. With no luck he came to me and said you are going to jail.
Without reading me my rights.
But my point woul be, was I in public? Could I have been asked to stay there, or have someone pick me up?
And why did they have to ramsack my car, as if I am some big drug dealer?
Wayne -- there are multiple issues that arise from your arrest. First, the parking lot of a motel will most likely be considered a public place by a court under almost any fact pattern. However, the police must have reasonable suspicion that you are committing a crime to initiate a public intoxication investigation. You have a right to privacy and against illegal search and seizure. Commonly, police claim that people arrested for public intoxication exhibited some obvious behaviors associated with being drunk, such as: falling down or having difficulty walking, loud or erratic behavior, or other signs of drunkenness. It is important to evaluate the detailed facts of your case leading up to your interrogation and arrest. While you likely will not have a defense that you were not in a public place, you may have a valid motion to suppress the evidence based on lack of reasonable suspicion or lack of a lawful reason to investigate you.
Regarding failing to read your Miranda rights, once you are arrested, the police must advise you of certain constitutional rights. If they do not, then they cannot further interrogate you. If they did, your statements at that point would become inadmissible. Unfortunately, it would not result in the suppression of evidence gathered prior to, or leading up to, your arrest.
The other obvious issue in your case is the allegation that you are guilty of public intoxication. It is not illegal to drink alcohol and then appear in a public place. It is often difficult to prove intoxication. Many of these cases can be won at trial. It is important to evaluate the possibility of defending the case at trial before making any decisions about your case.
Sorry, about commenting three times, I was having problems with the computer and was not sure they were being sent.
Thank you for the info. No doubt that I was not falling down or being loud. I was standing in place. The police were investigating someone else, and I was in the wrong place at the wrong time.
I'm not sure about others, but I agree...
I was recently arrested on a public intox charge. Me and my friend were in a secluded area by the railroad tracks firing my registered handgun (i also have a carry permit), and the police were parked by our vehicle when we arrived back.Someone heard the shots and called the police. My friend went to the road and walked towards them and was immediately hand cuffed. I was approx. 50 feet off the road in the brush and the police came over and handcuffed me. There were no sobriety tests administered and we were told we were being arrested for public intox. It had been at least 4 hours since the last time we consumed any alcohol and were not exhibiting any drunken behaviors as we were no longer intoxicated. What are my options for a defense against this charge, and did they have the right to arrest us without any field sobriety test and none was done when we returned to the station either. This took place in LaPorte County, Indiana.
Police may make an initial contact with you to investigate the report of gun shots. However, there must be probable cause that you committed a crime to arrest you for anything, including Public Intoxication. Probable cause is not a high standard, but the police must allege facts that would corroborate the allegation for a Judge to find probable cause to support the filing of charge of public intoxication.
While it is rare for a Judge to dismiss a public intoxication charge based on a lack of probable cause, many of these cases can be won at trial. If no field sobriety tests were administered, and you were not given a certified breath test, it may be very difficult for the State to prove beyond a reasonable doubt that you were intoxicated. Often, the prosecution tries to rely on allegations, such as the smell of alcohol and red watery eyes, that are inadequte to prove intoxication to a jury.
It is important to retain a lawyer early in the case in these situations. It is also crucial to file a written request for a jury trial. In a misdemeanor case, you waive your right to a jury if a written demand is not timely filed. You should also be aware that additional charges could be filed prior to, or after your initial hearing. The police will prepare a narrative report of their investigation and send it to the prosecutor for review. It will include the allegation of public intoxication. However, it could include allegations of criminal recklessnes with the gun. It is the prosecutor that decides what you are actually charged with and not the police.
Mr. Gibson,
I was recently at a Purdue tail gate party where I had consumed 4-6 beers over a 3 hour span. I was involved in a "wrestling match" with a highly intoxicated friend where we accidentally knocked into another tail gate party and supposedly knocked a table into a woman. Two men from the other tail gate party confronted me in a physical threatening behavior re: accident so I decided to walk away to avoid conflict. We were in a public place (Purdue intramural fields) and I began walking toward the street to call a cab and leave to avoid any type of altercation. In the meantime, the men called the Purdue police and reported me (not sure what they reported) and begin chasing me. In an effort to continue to avoid conflict I began jogging down the street to avoid the men and to truthfully state it, not get attacked by the men. When I began jogging away, I was surrounded by three Purdue police cars and arrested on site. I was given a breathalizer test and by BAC was .09 I was arrested for public intoxication and taken to the county jail.
My questions for you are:
Is there any way to keep the report of public intoxication out of the local newspaper?
Is there any way of getting the charge dropped or lessened?
What type of penalty do I face if convicted?
If I retain counsel, how does it help me to lessen or avoid the charges?
What type of fees are involved in seeking an attorney for representation at my October court date?
How do I keep this from tarnishing my criminal record and community reputation?
Thanks,
BJ
BJ --
Allegations of public intoxication at tail gate parties at Purdue games are common. It is important to assemble a list of witnesses (including their names, address, phone number, and e-mail) who could tesitfy that you did not appear intoxicated and to further corroborate your side of the story. Police reports in public intoxication cases are often biased and lack substantial evidence of public intoxication. It is also important to determine whether the police investigated the reporting parties for possible public intoxication. There is a reasonable possibility that witnesses against you were intoxicated and therefore not reliable. If the .09 bac was determined by a portable breath test device, it would not be admissible at a trial for public intoxication. Regardless of the breath test device used, many people are not intoxicated with a .09 blood alcohol content. There are numberous defenses to a charge of public intoxication; and, further, a broad range of possibilities in negotiating a resolution. Cases of public intoxication are fact specific. Whether you have any criminal history, including prior convictions for public intoxication, will also play a role.
I have significant experience in these matters, but it would be much easier for me to answer your specific questions by phone, as they do not lend themselves to a concise response by e-mail/or post. You may call me at 765-742-8440 for a free phone consultation or send me your phone number by e-mail to bg@bbgibson.com.
Brett Gibson, Lafayette, IN criminal attorney.
If you get a public intoxication case in Indiana, will you get jail time? What if you have prior public intoxication convictions -- does that matter? I got arrested for public intoxication while visting Purdue for a job fair. I have two prior public intoxication convictions from 10 years ago when i was in college.
Nice name.. same as me! This is attorney Brett Gibson replying. Public Intoxication is a Class B misdemeanor and carries a penalty of 0 to 180 days in jail. How these cases are resolved (either by plea or following trial) varies greatly by county. In Tippecanoe County, it is possible to avoid conviction if you have no prior criminal history and the case is not aggravated (such as extremely hi levels of intoxication) I handle criminal cases all over Indiana, and there are certain counties where jail time is offered on public intoxication cases. That is one reason it is extremely important to request a jury trial in a public intoxication case.
Mr. Gibson,
I am a study abroad student from Australia at Purdue University. A couple of friends and I went out to the Neon Cactus two weeks ago and on the way back one of them was arrested. As we are from Australia this is the first we had heard about it being an offence to be publicly intoxicated.
The facts of the incident are; my friend had had a bit to drink, though in the police report it says he was swaying in a circle of about one inch, had bloodshot eyes and slurred speech. This was not the case at all, he probably did smell of alcohol but aside from that even when he is drunk his eyes don't go bloodshot and he didn't appear to be swaying or slurring his speech with us. He was arrested in the car park of the Neon Cactus, is that a public place? Or does it count as the property of a private business? They administered a brethalyser test as well and he blew quite high, but I think it was administered on the scene. Also he was never given his Miranda Warning, and as we had never heard of the offence of public intoxication, was apologising to the policeman in the car on the way to the station saying, "I'm drunk, I'm sorry I did this but I was drunk." Given the absence of Miranda Warning will this statement be inadmissible?
He was offered a plan however he got caught again last night for being publically intoxicated, not sure of the details of this one. He had not signed onto the plan yet, will the second charge effect that? And is he going to have to go to court or will he be offered another plan? Does a second charge vary greatly from the first?
Thank you for this service because we really have no idea what to expect fromt he American legal system.
Yours sincerely,
Chris.
I was arrested for PI on January 31,2010. I was at my best friend's apartment and had stepped out on his 2nd floor balcony around 4:00 am to smoke a cigarette. While I was on the balcony, he locked the door and closed his blinds. I thought he was joking at first, but realized that he had taken an ambien (on top of drinking earlier in the evening) and didn't realize I was on his balcony when he locked the door. He blacks out/sleepwalks on ambien. He subsequently passed out with me locked on his balcony. I was attempting to use a credit card to unlock his sliding glass door when 2 IMPD officers shined a light on me from the ground floor. The arresting officer asked me what I was doing, and did not believe my explanation when I told her. She came up to the 2nd floor and communicated with me from the porch next to the balcony. She was convinced that I was 'burglarizing' the residence and became extremely condescending while refusing to believe how and why I was on the balcony. I asked her why she was getting so upset and told her that she was being ridiculous. This infuriated her. The officers pounded and kicked my friend's front door, but he was too passed out to hear it. Maintenance was called out to unlock the door, the officers entered the residence, woke my friend up, brought me from the balcony into the living room, and verified my story. The mad officer then stated that since she couldn't charge me with burglary, that I was being arrested for PI. I was not intoxicated. I asked for a breathalyzer, which I didn't get. I complied with all of the officers' orders. I feel like she made the arrest because I told her that she was being overzealous and to relax. What I am most upset about at this point, is that I now have an arrest record and my fingerprints and palm prints have been scanned. Do I need an attorney to fight this PI - and do I have any recourse concerning my 'record' and fingerprints?
Hey Bret, I'm a student at Ball State in Muncie and I was pulled over for speeding (slightly excessive, enough for wreckless probably) and got a dui after blowing .075, then they waited a few minutes and I blew .082. Once I got booked at the jail they tested me on the station machine which render .08 exactly. I'm meeting for pre trial conference tomorrow Feb 2 at 130 to see what they offer as far as a diversion goes. I'd rather not have the charges since I'm applying for jobs soon, but I also do not want to spend a lot of money defending myself against the impossible.
Wouldnt it seem more reasonable to drop the dui and give me criminal wreckless rather than an A misdemeanor for excessive speeding which I'm sorry to say I was doing.
What should I expect for a plea or diversion to be fair?
Charles -- in low breath test cases such as yours, you can gain leverage in negotiations because many of these cases can be won at trial. Depending on what happened at your PTC, you have numerous things that should be done to defend your case. The records of the breath test machine should be obtained to see if this particular machine has had repair problems in the past. On DUI/OWI cases, the datamaster breath test machines must be regularly calibrated. While they normally are, in searching the records you can often find that the datamaster is old or has had repairs. This creates skepticism in a jury at an OWI trial. How did you do on the field sobriety tests? If you performed well on the field sobriety tests, you may have a strong case to defend at trial. Were you charged with both the Class A Misdemeanor OWI and Class C Operating with an blood alcohol content greater than .08?
If you have been representing yourself, make sure that you request a jury trial in writing. You do NOT want to waive your right to a jury trial on an OWI, especially on a low breath test. I represent people in Delaware County. If the case has not been resolved to your satisfaction, and you are looking for a Delaware County criminal attorney, please contact me for a free consultation. I grew up in Jay County, have spent much time in Muncie and around Ball State, and handle criminal cases in Delaware County, Jay County, and the surrounding areas.
Chris -- Public Intoxication laws are enforced aggressively in Tippecanoe County. However, often there are viable defenses to a charge of public intoxication. It is not surprising that the police report on the public intoxication arrest alleges that your friend had bloodshot eyes and slurred speach. I handle numerous public intoxication, OWI (drunk driving), and minor consuming cases each year and that language is always in the police report (I once revealed through cross-examination at jury trial that a police officer cut and pasted that language in reports used at trial, from unrelated cases). The results of the breath test that was given at the scene is not admissible at trial, except to show the presence of alcohol. Thus, in the case you describe the evidence of public intoxication consists of the police officer's subjective observations and the alleged incriminating statements of your friend.
Regarding your specific questions, the parking lot of the Neon Cactus will be considered a public place for purposes of a public intoxication charge. There is recent favorable case law on public intoxication cases that gives greater protection in certain semi-private public areas. However, the parking lot of the Neon Cactus will meet the criteria of a public place. The Miranda Warning must be given or the police cannot continue their interrogation once a person is arrested. However, voluntary or spontaneous statements made by an arrested person can be used against a defendant, regardless of whether a Miranda Warning was given. In a public intoxication case (or any case for that matter) it is important to remain silent and not make any voluntary incriminating statements.
That fact that your friend got a second public intoxication charge shortly after the first makes this a serious situation. Depending on the facts of the case, the initial plea offer could include jail time. He needs aggressive representation. It is also important to request a jury trial in writing on both cases. I have significant experience in defending public intoxication cases. To schedule a free consultation to discuss defense of the charges of public intoxication, please contact me at 765-742-8440 to schedule a free consultation; or, e-mail me at bg@bbgibson.com with follow-up questions.
Andrew --
To be convicted of public intoxication, you must be in a public place. The balcony of a private residence would not be a public place for purposes of public intoxication and the prosecutor may have a difficult time finding case law to support a charge of public intoxication, based on the facts that you have provided. When is your intial hearing? It is extremely important to file a written request for jury trial and then prepare a motion to suppress and motion to dismiss.
I have extensive experience in defending charges of public intoxication in Indiana. There is recent favorable case law in Indiana defining what is a public place for purposes of a public intoxication charge. You can contact me for a free consultation at 765-742-8440 or bg@bbgibson.com and we will discuss how to best defend the charge of public intoxication. As I have reported in the e-formant, there is favorable case law to you in defending a public intoxication charge on these facts.
Hello on march 19 2010 I was arested for a PI. I had left my home where I was drinking to go to the local gas station. When I retured the local enforcement was at the apartment next door. Due to a noise complant. As i was walking to my door on my front lawn. the P O ask me to come over to him. He ask if I had been drinking i told him yes I have had a few beers. Then he asked to walk over with him to his car. Then gave me a the test. areasted me on spot. My qustion it can he arest for me walking in to my home. On my front lawn where The olny pleople that are in the area is me and my roommates.
You may have a valid motion to suppress, but that depends on some additional facts. If you are 21, it is not illegal to be intoxicated on private property. Your question states the police officer was at the "apartment" next door. Is your residence a house with a lawn or part of an apartment complex? Did the police officer observe you when you were on public property? And if so, did he see you do anything that would indicate that you were intoxicated? Is the only breathe test that you took the portable one at the scene, or did you take a second test at the jail? Portable breathe test results are NOT admissible at trial.
What county is your case in and when is your Initial Hearing? It is very important to file a request for jury trial. You may have a valid motion to suppress. Even if you do not, many public intoxication cases can be won at trial. If you would like a free initial consulation or phone conference, please call me at 765-742-8440 or e-mail me at bg@bbgibson.com. I have significant experience in defending public intoxication cases.
Mr. Gibson,
Last night I got arrested for public intox at Purdue in the area where all the bars are. I honestly was not causing any problems, although I did stop in the middle of the road and wave my arms at a car about 50 feet away which turned out to be a cop. He immediately got out, handcuffed me and threw me in the back without saying anything to me. On the ride to the station I was asking several questions and both cops did not answer and were very rude. I do not want to pay for an attorney so I am planning on getting a public defendant. Is there any chance that I can get out of this because he did not state my rights?
I Was Charged With Public Intox. I Was A Passenger In My Car And Had A Friend Driving. They Arrested The Driver. They Were Going To Let Me Go Home, But Because I Could Not Find A Ride They Put Me In Jail And Charged Me With Public Intox. I Was Never Read My Rights. I Bonded Out Later. I Got A Court Date And Showed Up. They Told Me I Did Not Need To Be There Because They Did Not Have Anything On Me And They Had To See What The Probable Cause Was. That Was Over A Month Ago. I Now Have Papers Saying That I Have To Go To Court And Am Being Charged. I Don't Understand Why I Got Charged. If You Want To Drink You Are Suppose To Have A Designated Driver Right? That Is What I Did. I Did The Right Thing And Ended Up Going To Jail Because I Could Not Get A Ride Home.
I have a pending Public Intoxication case in Elkhart. The fact that I was publicly intoxicated, nearly naked & beaten did not stop Elkhart City police from arresting me and charging me with a criminal charge, I have an attorney, but found that the offense of PI is more pleasing to prosecute than a rape & sexual battery case, and that is how Elkhart City rolls. I will never attend a party in this city, or drink socially, they criminalized me for that, and I was left in a city park, that is kidnapping. I am horrified, but I am fighting tooth & nail, and it has been a nightmare, and very expensive.
Be sure to file a written request for jury trial at least 10 days prior to the first trial setting. Public Intoxication is a Class B misdemeanor. In misdemeanor cases, such as public intoxication, Criminal Rule 22 requires a defendant to file a written request for jury trial within this deadline or the right to a jury trial is waived.
Hello sir. I am a exchange student from India attending ball state university.I was charged under PI yesterday night near the ball state locker room(bar near university), Muncie. My friend hosted a a party and I was pretty much drunk. After the party we were walking back home which is just two blocks away and for that you don't have to cross any big roads. Its not at all a busy road. You can rarely find any vechiles at 1pm. We were pretty near to my friends home where we decided to sleep as we cannot drive. I and my other three friends who were also drunk but lesser than me. I was shanking and couldnot walk properly. So my friends were helping me to get home. But when the Balls State cops came there on rounds they saw us. I was unable to walk so
sat down on the side walk and decided to start off in a minute. the police inquired me if I consumed alcohol. I said I did but I was staggering while saying that. I and my friends were trying to tell them that our house was just yards away and we will get there. But the officer didnot get convinced and ordered to get me treated at the ball memorial hospital(nearest hospital). my friend tried to explain him but he charged my friend with the same charge for talking on behalf of me. He was also hospitalized. So I donot exactly know the rules in USA. We were cautioned of drunken driving so we avoided that and thought of walking home. It was a small road but we didnot try to enter or go even near to somebodies private area(home). We didnot even scream but I was unable to walk so my friends were assisting me taking to there home. meanwhile this incident happened. I have to attend a court hearing on july 20th. This is my first criminal incident or felony. Will I be spared with minimum penalty? I didnot take any drugs just consumed some beers. I was charged under IC 7.1-5-1-3. I am ready to accept guiltiy and pay some minimum penalty till 300$. i cannot afford to go beyond. Can you suggest some options for me where I cannot be charged with worst case hearing. Does a criminal record of PI affect when you start looking for jobs. Do they go through this thing. Is it a viatl offense?
Thanks.
Mr. Gibson,
Friday following the truck race, my brother was pulled over and given a field.soberity test, which he passed. I was in the backseat and was unfortunately mouthing off to the officer. He told me to get out of the vehicle, which I refused. He and another officer proceeded to grab my arms and pull me from the vehicle and place me under arrest for public.intoxication and.resisting arrest. I never submitted to a breathalyzer. If the case is not.dropped, I plan to request a jury trial. Can I be charged with a PI while in the backseat with a sober driver?
Brian --
There is a recent Court of Appeals case favorable to passengers who refuse the identify themselves, or interact with police, when the driver is stopped for an infraction. The facts differ in your case, but the holding remains relevant. You can be charged with Public Intoxication when you are a passenger of a vehicle. However, the first question is did the police have reasonable suspicion of a crime or infraction violation when they commanded you from the vehicle. This will depend, in part, to what specifically you said to the police.
Without a breath test, there is often little evidence of public intoxication other than a few observations of the officer, which typically include the odor of alcohol, red watery eyes, etc. All things that also occur when one is not intoxicated. The resisting law enforcement charge is likewise fact sensitive. What County is your case in? When is the Initial Hearing?
If you would like a free initial consultation, by phone or in person, please call our office at 765-742-8440 or send me an e-mail to bg@bbgibson.com with your phone number and I will call you. I have significant experience in defending charges of public intoxication and resisting law enforcement.
Mr. Gibson,
Friday following the truck race, my brother was pulled over and given a field.soberity test, which he passed. I was in the backseat and was unfortunately mouthing off to the officer. He told me to get out of the vehicle, which I refused. He and another officer proceeded to grab my arms and pull me from the vehicle and place me under arrest for public.intoxication and.resisting arrest. I never submitted to a breathalyzer. If the case is not.dropped, I plan to request a jury trial. Can I be charged with a PI while in the backseat with a sober driver?
I recently went to a local bar to have a few drinks with friends and watch the Colts game. The bar has started to hire off duty police officers for security reasons. Towards the end of the night I tapped the top of a friends beer bottle with the bottom of mine in the effort to make him drink faster. The police officer saw this and came up behind me with out identifying has the police. He grabbed my arm and pulled me off to the side and started screaming and asking why I would do that. I told him it was all in fun. I then told him I did not apppreciate him grabbing me like that, and that if he wanted to talk I would be more than happy to walk over and answer his question. He told me to walk away before he gave me a disorderly conduct. I walked away and came back a short time later and asked him what gave him the right to grab me like he did because I felt like it was excessive force being used. His only reply was to leave before he arrested me for public intox. I turned around and walked over to my friends to leave. They asked what he said and I told them he did not have an answer because there was not one. He over heard this and came up and arrested me inside the bar for public intox. There are securty cameras inside. There was no portable breathalyzer at the time of the arrest. I took one at the jail but it was just a portable one. My questions are: Would that be considered excessive force? Can you be arrested inside a bar for public intox? What would be my best defense for this case if I even have one?
Jon --
Yes, as shocking as it is, you can be arrested for public intoxication inside a bar. However, that does NOT mean that you would be convicted. The portable breathe test will NOT be admissible in any trial. Thus, as is the case in many public intoxication cases, the only evidence against you may be subjective: the officer's observations and testimony.
When is your Initial Hearing? What County is the case filed in? It is very important in a Public Intoxication case to request a jury trial in writing. If you do not request a jury trial in writing, in a Public Intoxication or other misdemeanor case, you will waive your right to a jury trial. You should also begin to assemble a witness list of people who might testify that you appeared to be sober and not intoxicated. If you have friends who observed you, who could testify that your speach and balance seemed normal, that you only had a moderate amount to drink, and that you did not appear intoxicated, it will help significantly to defend your case.
If you would like a free consultation over the phone, or in person, please call my office at 765-742-8440. You may also send me e-mail directly to bg@bbgibson.com. I am a Lafayette criminal attorney, but handle criminal cases throughout Indiana. This week I will be in Court on criminal cases in Tippecanoe County, Hamilton County, Huntington County, and Fulton County. I have a lot of experience in Public Intoxication cases, including cases pending hours from Lafayette. In any criminal case, including Public Intoxication cases, it is important to retain an experienced criminal attorney.
Brett Gibson
Indiana criminal attorney
My neighbors drink everyday and this is done mostly outside. They have moved their party from in front of their home to the side walk infront of my home. Drinking and throwing their trash in our lawn and on our mailbox. Is this considered public intoxication, because they are in fromt of my home and not their own. Plesae advise I haft to go out every other day and clean up beer cans and bottles cigar butts from my yard and sidewalk. What is my recourse?
Please assist! We have children and this is not the example that we want them exposed too.
Thanks,
Brian Doyle
doyle.bk@gmail.com
I exclusively represent criminal defendants. The crime of public intoxication requires someone to be intoxicated in a public place. If your neighbors are on their own property, they can be intoxicated and they have not committed a crime, unless they are under 21 years of age. A charge of public intoxication will not stand if the neighbors are on their own property. If an intoxicated person is on a public street or sidewalk, and police are present, they could be charged with public intoxication.
Hello, my case was dismissed in December 2010, but I was sued in family court for custody of my daughter 2 months after this charge was filed. It was dismissed without prejudice, but after 17 months of litigation, and family court. It was decided I was an addict, I have never done any recreational drugs, and I am only a social drinker. Because of the pending charges, and no due process I lost custody as well as my innocence in this long drawn out affair with the criminal justice system. I am jaded as a result of it. Although I am exonerated by the criminal courts it cost me too much, my family. Currently I am starting a not-for-profit crisis center for rape victims, and hopefully will be able to put all my energy into something useful. I don't understand a system that is so inept, and without any accountability. I almost thought about going to law school, but decided it isn't my strong Suit, people are..However, I appreciated your advice a long time ago. Thank you.
Sana Powers
My son was picked up for PI at Indy this past weekend, as I suppose were hundreds more. They are letting him come back home, but must go back on Tuesday for court. He has 3 previous charges of DUI pleaded down to a non felony. Any idea what the fine, court costs and maybe jail time he may do? We live in LaPorte county and Indy is in Marion county. Will he serve time there or up here? Just curious. Thank you.
A 16-year-old girl was riding on the back of a 16-year-old boy's moped, getting a ride home. "Driving" through Broad Ripple in Indy, they were stopped by IMPD, for trailing/riding, being out after curfew (it was past midnight; curfew 11 p.m.), no helmets.
Because of an odor, they were breathalized, both registering .10 BAC.
Released to parents, but parents wanting to know for purposes of educating foolish teens--what all COULD they have been charged with?
The driver of the moped could have been charged with operating while intoxicated (yes, you can get an OWI on a moped). Both the driver and passenger could have been charged with minor in possession of alcohol and/or public intoxication. The driver could had had his driving privileges suspended if convicted for either OWI or minor consuming.
My girlfriend and I had parked on someone else's property after going to the bar, but we were literally just sitting and talking.
A police officer pulled in behind us shortly after and came to my window, ran my license, then asked me if I had been drinking, which I said not a drop. He asked me to step out and then asked me again, which I repeated the same position. He said, well I'm going to do a PBT and if any trace of alcohol shows up, you're going to jail.
I explained to him, well if that is the case, then I'm going to refuse to do a PBT. He said very well, I'm arresting you then. As he put me in the vehicle.. I explained to him that he initiated a search and seizure and to present a warrant. He replied, "Yeah, so. What, do you want me to call the prosecutor right now?" which I replied yes.
I spent about 6-8 hours in the jail, when finally I was able to speak with a deputy and breathalyzed at .00 and was allowed out on bail. I went to court to get a copy of their cause of action, claim, or complaint and none existed. I managed to get a probable cause affidavit signed by the prosecutor, with a cause no - but no other paperwork? Further, I requested to know how I was to proceed in making a special appearance and was looked at oddly and told I couldn't. I asked if I would have to make a plea at my court date, they said no.. then sure enough I was basically forced into an automatic not-guilty plea, with no ability to present matters of jurisdiction or subject matter, as I understand special appearances are reserved for?
In court I opted to represent myself Pro Se. However, they refused to tell me where to find the town's court procedures. Told me I was on my own. Honestly, I don't even know where to begin? I'd like to file a motion to dismiss, request a trial jury or probably cause hearing, but what is my best option? Their case seems so flimsy to me.
What is the Cause No of the case? It is important to file a written request for jury trial immediately. You may have a viable motion to suppress and/or dismiss. For a free initial consultation, please call my office at 765-742-8440.