Legal Question in DUI Law in California
drunk in public
what is the necessary procedure that a police officer should follow with regards to making an arrest that results in detox rather than jail? What are the rights of the individual if they were sober? Does the officer have to administer the breathalizer test?
Asked on 9/27/04, 2:06 pm
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: drunk in public
The police do not have to obtain a test of the blood alcohol to determine whether a person is under the influence of alcohol. They can rely upon their training and observations of the person.
Answered on 9/29/04, 4:29 pm