Intoxication can play a role in a wide range of criminal offenses, and it’s important to understand the ways in which intoxication can impact a case. The context in which someone is intoxicated is important to determine whether or not a crime has even occurred. For example, being intoxicated in your home is perfectly legal. However, being obviously intoxicated in a public place, where you’re drawing a lot of attention to yourself, could cause the police to make an arrest.
Intoxication-related crimes usually include offenses such as DUI/DWI, public intoxication, intoxication assault, disorderly conduct, and manslaughter. If you’re intoxicated in public, and the police approach you, they may still attempt to make an arrest even without any hard evidence that you have a BAC over .08 %. This is why it’s extremely important to stay quiet but polite. If you’re approached by law enforcement for any reason (intoxicated or not), there is no need to discuss what you did that day or where you’re going. Remember your right to remain silent and ask if you’re free to go. “Smelling” like alcohol is not probable cause unless you suggest that you have had alcohol or there is some other additional evidence.
Click on one of the following links for information about intoxication cases we take on:
