Q: Can I be charged with drunk in public with no breathalyzer or sobriety test done?
I am also a 4th waiver! I didn’t refuse any testing, it was just never done.
A: Yes, you can be "charged [and convicted] with drunk in public with no breathalyzer or sobriety test done."
A: The specific laws and procedures regarding charges of public intoxication without a breathalyzer or sobriety test can vary, but in some cases, individuals can be charged based on observations and behavior alone. While a breathalyzer or sobriety test can provide objective evidence, they are not always necessary for a charge. Observations of behavior and admissions of intoxication can be used as evidence.
A: Yes, you can be charged and convicted. SInce it is a minor misdemeanor, very few police officers will actually take the time to administer FSTs, let alone a breath test. Observations will suffice in most cases.
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