Legal Question in Criminal Law in California

Re: Drunk in Public, Probation Violation

Thank you for your posting and your inquiry.

Because a probation violation is forever tied to your original crime, it is unlikely that your current, misdemeanor case, would trigger a felony violation (unless, of course, your first drunk in public was somehow a felony - which is unlikely).

You've asked what your chances are if there is no proof that you are drunk. Well, assuming that is true, your chances are very good indeed. However, consider that there are other ways to establish intoxication, aside from a blood, breath, or urine test -- objective symptoms of alcohol intoxication, such as your breath, condition of your eyes, speech patterns, coordination, can be used as evidence against you in a drunk in public charge.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can